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Austin v. Timperley

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Wednesday, November 13, 2013

A-12-0933, Barbara A. Austin, by Donald R. Austin her next friend, (Appellant) v. Judith Timperley (Appellee/Cross-Appellant)

Lancaster County, District Court Judge Andrew R. Jacobsen

Attorney for Appellant:  Dale D. Dahlin (Dale D. Dahlin, P.C., L.L.C.)

Attorney for Appellee:  Scott A. Lautenbaugh (Hansen, Lautenbaugh & Buckley, LLP)

Civil Action:  Negligence/Damages

Action Taken by Trial Court:  The jury entered a verdict in favor of Austin finding that the motor vehicle accident between the parties was a proximate cause of some damage to Austin, and the jury awarded her $1,466 for medical expenses and $0 for other damages.

Assignments of Error on Appeal:  Did the trial court err in denying Austin’s motion for partial directed verdict on the issue of medical expenses? Were the amount of damages awarded by the jury inadequate? Did the trial court err in refusing to give a jury instruction regarding damages?

Assignments of Error on Cross-Appeal: Did the trial court err in excluding the testimony of Timperley’s experts under Schafersman v. Agland Coop, 262 Neb. 215, 631 N.W.2d 862 (2001) and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786 (1993)?

This page was last modified on Wednesday, October 15, 2014