S-16-0145, Mary Cohan and Terry Cohan, individually and as husband and wife (Appellants) v. Medical Imaging Consultants, P.C.; Robert Faulk, M.D.; Bellevue Obstetrics and Gynecology Associates, P.C.; Michael Woods, M.D.; and Michelle Berlin, PA-C
Douglas County District Court, Judge James T. Gleason
Attorneys: Richard J. Rensch & Sean P. Rensch (Rensch & Rensch Law, P.C., L.L.O.) (Appellants) --- David D. Ernst & Kallie Chesire Olson (Pansing Hogan Ernst & Bahman LLP) (Appellees - Medical Imaging Consultants, P.C.; Robert Faulk, M.D.) --- William R. Settles & Kate Geyer Johnson (Lamson, Dugan & Murray, LLP) (Appellees - Bellevue Obstetrics and Gynecology Associates, P.C.; Michael Woods, M.D.; and Michelle Berlin, PA-C)
Civil: Medical Malpractice
Proceedings below: At the close of Appellants' case-in-chief, the trial court sustained Appellees' motion for directed verdict and dismissed Appellants' claim with prejudice.
Issues: The trial court erred as a matter of law when it 1) granted Appellees' motions for directed verdict on the issues of both proximate cause and damages and thereby dismissing, with prejudice Appellants' claims against Appellees and thereby foreclosing Appellants' opportunity to have these issues decided by the jury, and 2) dismissed Appellants' first amended complaint on the basis that Mary Cohan had failed to offer sufficient proof of damage or causation other than for a 'loss of chance of a lower rate of 'non-recurrence' (of her breast cancer) which the trial court postulated under current Nebraska law, does not constitute a proper measure of damage.
Issues on Cross-Appeal: The trial court erred when it allowed the entirety of Dr. Naughton's testimony to be presented at trial.
Issues on Cross-Appeal: The trial court erred in denying Appellees'/Cross-Appellants' motions to strike the testimony of Dr. Michael Naughton.