A-16-674 Plains Radiology Services, PC (Appellant) v. Good Samaritan Hospital, Kearney, NE
Buffalo County, District Court Judge William T. Wright
Attorney for Appellant: Steven D. Davidson (Baird Holm)
Attorney for Appellee: Heather B. Veik and Thomas J. Culhane (Erickson & Sederstrom)
Civil Action: Breach of contract
Action Taken by Trial Court: Plains Radiology Services and Great Plains Radiology Nuclear Medicine entered into a professional services agreement to be the exclusive providers of radiology services with Good Samaritan Hospital's outpatient facility. The agreement included a coverage schedule between Plains Radiology and Great Plains Radiology. Plains Radiology filed a complaint for breach of contract and breach of duty of good faith and fair dealing. Both parties filed motions for summary judgment and the district court granted the Hospital's motion, denied Plains Radiology's motion, and dismissed the case.
Assignments of Error on Appeal: Did the district court err in granting the Hospital's motion for summary judgment and dismissing the case with prejudice; adopting an interpretation of the parties' contract in reliance upon the alleged reasonable expectations of the parties; adopting an interpretation of the parties' contract that renders the contract without sufficient mutuality of obligation; and denying Plains Radiology's motion for partial summary judgment?