S-21-0150, Natasha Carrizales et al. (Appellants) v. Creighton Saint Joseph Regional Healthcare System, LLC. et al.
Attorneys: Theodore R. Boecker, Jr. (Boecker Law, P.C., L.L.O.)(Appellants) --– Joseph Daly & Mary Schott (Evans § Dixon LLC).
District Court of Douglas County, Hon. James T. Gleason.
Civil: Medical malpractice
Proceedings Below: The district court overruled the Appellants’ motion for default judgment against Creighton University. The district court sustained the Appellee doctors’ motion to strike Appellants’ expert witness for noncompliance with an order to produce the expert to give his deposition. The district court granted the Appellee doctors’ motion for summary judgment. The district court denied Appellants’ motion to alter or amend.
Issues: Whether the district court erred in 1) finding Creighton University was not served and therefore dismissed by operation of law under Neb. Rev. Stat. § 25-217, 2) failing to grant Appellants’ motion for default judgment and/or amended motion for default judgement given that Creighton University’s registered agent was served with summons and complaint within six months of the filing of suit and given that it had failed to answer or otherwise plead in response to the complaint, 3) striking Dr. Fred Duboe as an expert given that the doctors never issued a subpoena or notice of deposition for Dr. Duboe, 4) failing to consider Dr. Duboe’s affidavit at summary judgment hearing, 5) granting the doctor’s motion for summary judgment, 6) granting Doctors Wulf and Arms summary judgment based upon the affidavit of Dr. Gray who was never designated as an expert witness, and 7) failing to grant Appellants’ motion to alter or amend.