S-22-0243 and S-22-0268 Richard G. Schuemann (Appellant) v. Brent D. Timperly, M.D. (Appellee) (consolidated appeals)
Appeal from the District Court for Douglas County, Judge J. Michael Coffey
Attorneys: Theodore R. Boecker, Jr. (Boecker Law, PC, LLO for Appellant) and Robert A. Mooney, Betsy Seeba-Walters, and Kalli P. Gouldemans (Mooney, Lenaghan, Westberg Dorn, LLC for Appellee)
Civil: Medical Malpractice and Statute of Limitations
Proceedings below: The trial court granted Appellee’s Motion for Summary judgment and denied Appellant’s Motion to Alter or Amend. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignment of error: 1) The court erred in granting summary judgment based upon the statute of limitations; 2) The district court erred in granting a summary judgment defense when it was never raised as an affirmative defense; 3) The district court erred in granting summary judgment based upon a statute of limitations defense when there were disputed issues of fact; 4) The district court erred in granting summary judgment defense when the evidence indicated that there was continuing treatment by Dr. Timperley which tolled the commencement of the statute of limitations; and 5) The district court erred in overruling the Motion to Alter or Amend.