S-11-0438, Michael Jacobsen, Special Administrator of the Estate of Virginia A. Jacobson, Deceased and Myron J. Jacobson (Appellants) v. Sherry K. Shresta, M.D., and Gaston Cornu-Labat, M.D.
Sheridan County, Judge Randall L. Lippstreu
Attorneys: Christopher Welsh (Welsh & Welsh PCLLO) (for Appellants) --- Mark A. Christensen, Tracy A. Oldemeyer, Cristin McGarry Berkhausen (Cline Williams Wright Johnson & Oldfather LLP) (Appellees)
Civil: Medical malpractice
Proceedings below: This case has been in the appellate courts previously. See A-05, 1292, Jacobson v. Shresta (Reversed and remanded for further proceedings); A-09-1223, Jacobson v. Shresta, (Appeal dismissed and remanded with directions). In the instant appeal, the Court of Appeals affirmed the order of the district court which found for the defendants. See Jacobson v. Shresta, 21 Neb. 102 (2013). Appellants filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: The Court of Appeals erred in holding that the plaintiffs waived their right to a jury trial on the issue of whether the defendants were independent contractors.