Ewers v. Saunders County, Nebraska

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Ewers v. Saunders County, Nebraska

Case Number
Call Date
January 12, 2018
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-0251 T. Louise Ewers Personally and as Representative of the Estate of Mickley (Michael) Lynn Ellis (Appellant) v. Saunders County, Nebraska, a political subdivision, including Saunders County Sheriff’s Office; Saunders County Corrections; Dan Scott, in his individual and official capacity; the Saunders Medical Center; Advanced Correctional Health Care, Inc., a foreign corporation of Illinois (Appellee); Nurse Mallory Reeves, in her individual and official capacity (Appellee); and Nurse Mary Scherling, in her individual and official capacity (Appellee)

Saunders County District Court, Judge James C. Stecker

Attorneys:  Larry R. Demerath and Justin B. Demerath (Demerath Law Office) for Appellant; Joseph S. Daly and Mary M. Schott (Sodoro Daly Shomaker & Selde, P.C. LLO) and J. Scott Paul (McGrath North Mullin & Kratz) for Appellees

Civil: negligence – medical malpractice

Proceedings Below: The court overruled Ewers’ November 30, 2016, motion to dismiss, finding that the court’s previous orders were the law of the case. The court sustained appellees motion for summary judgment and dismissed the complaint with prejudice.

Issues:  Whether the court erred in: (1) in finding no genuine issues of material fact existed and granting appellees’ motion for summary judgment; (2) not finding nurse Reeves to have been a proximate cause of Ellis’ pain and suffering; (3) not deeming appellees’ admissions admitted; and (4) not imposing Neb. Ct. R. Disc. § 6-337 sanctions on appellees for their repeated and willful acts. (5) Whether the court abused its discretion in denying Ewers motion to dismiss.


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