Lombardo v. Sedlacek

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Lombardo v. Sedlacek

Case Number
Call Date
February 8, 2018
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-146 Marc Lombardo (Appellant) v. Michael J. Sedlacek, M.D. (Cross-Appellant)

Douglas County District Court, Judge Horacio Wheelock

Attorneys:  Appellant proceeds pro se; Mary M. Schott (Sodoro, Daly, Shomaker, Selde PC LLO) for appellee/cross-appellant.

Civil: medical malpractice

Proceedings Below: The court granted Sedlacek summary judgment and dismissed the complaint. Further, it denied Lombardo’s motion to alter or amend and ruled that all prejudgment motions were denied as moot.

Issues:  Whether the trial court erred when it: (1) granted summary judgment without an affidavit in support of the motion before it; (2) relied on facts not in evidence; (3) determined that Sedlacek had made a prima facie case on the basis of facts not in evidence; (4) did not hear and did not grant Lombardo’s motion to compel discovery; (5) did not grant Lombardo’s motion for additional time in discovery; (6) did not hear and did not grant Lombardo’s motions for protection from discovery; and (7) denied Lombardo’s offer of evidence in opposition to summary judgment.

Cross-Appeal: The objection of Dr. Sedlacek to the Motion to Alter or Amend should have been sustained, and the trial court should have acknowledged the case stood dismissed when no appeal was taken within 30 days of the Order granting summary judgment.

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