S-23-0339 Kimberly Ricker, Individually and as Special Administrator of the Estate of Robert Ricker, Deceased (Appellants) v. Nebraska Methodist Health System and Dale W. Orton (Appellees)
Appeal from the Nebraska Court of Appeals on appeal thereto from the District Court for Douglas County, Judge Jeffrey J. Lux
Attorneys: Justin W. Pritchett, Michael F. Coyle, Jordan W. Adam, and Karson S. Kampfe (Fraser Stryker P.C., L.L.O for Appellants) and Robert M. Schartz and Julie M. Ryan (Abrahams, Kaslow & Cassman, L.L.P. for Appellees)
Civil: Medical malpractice
Proceedings below: In Ricker v. Nebraska Methodist Health System, A-23-0339 (Nebraska Court of Appeals, April 9, 2024), after the district court granted Appellees’ motion for summary judgment, the Court of Appeals affirmed, in part, and in part reversed and remanded for further proceedings. Appellees filed a petition for further review, which the Court sustained and transferred this case from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error on petition for further review: 1) The Court of Appeals incorrectly found it had no means to assess whether documents had been provided to Ricker; 2) The Court of Appeals incorrectly applied Greenwalt and erred by ordering production of privileged documents; 3) The Court of Appeals misconstrued facts and ignored others in its analysis of the Norquay factors; 4) The Court of Appeals failed to apply the abuse of discretion standard of review to the exclusion of Dr. Peterson’s affidavit; 5) The Court of Appeals failed to analyze the exclusion of Dr. Peterson’s affidavit pursuant to the district court’s use of inherent authority; and 6) The Court of Appeals incorrectly reversed summary judgment.