S-16-1123 Douglas L. Hemsley, Special Administrator of the Estate of Paul H. Hemsley, deceased (Appellant) v. Thomas J. Langdon, M.D., John T. Batter, M.D. and Omaha Thoracic & Cardiovascular Surgery, P.C.
Douglas County District Court, Judge James T. Gleason
Attorneys: Greg Garland (Greg Garland Law), Kathy Pate Knickrehm (Appellant), Tara DeCamp (DeCamp Law, PC, LLO), and Todd E. Frazier (Frazier Law Officer, PC) --- David A. Blagg (Cassem, Tierney, Adams, Gotch & Douglas) and David D. Ernst (Pansing, Hogan, Ernst & Bachman, LLP)
Civil: Medical malpractice
Proceedings below: Prior to trial, the district court overruled the Appellant’s motion in limine to bar expert testimony. Following a jury trial, the jury returned a verdict in favor of defendants. Appellant’s post-trial motions were overruled. Appellees filed a motion to bypass, which was granted by the Nebraska Supreme Court.
Issues: 1) The district court committed prejudicial error in failing to properly perform its gatekeeping function under Daubert/Schafersman by overruling the special administrator’s motion in limine and motion to exclude the expert testimony regarding medical opinions and methodologies used and applied by the defendants’ experts, and 2) the district court abused its discretion in overruling the plaintiff’s post-trial motions, which were based on the improper admission of the defendants’ expert testimony that has been subject to the plaintiff’s motion in limine, motion to exclude, and objection at trial based on the Daubert/Schafersman requirements.