Murphy v. State of Nebraska

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Murphy v. State of Nebraska

Case Number
Call Date
November 3, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-1037 Joshua Murphy, Abigail Sailors, and Sydnie Murphy (Appellants) v. State of Nebraska, Department of Health & Human Services and Miles Ruch, Sr., individually (Appellees)

Appeal from the District Court for Richardson County, Judge Julie D. Smith

Attorneys: Diana J. Vogt and James L. Schneider (Sherrets Bruno & Vogt for Appellants) and Christopher A. Felts (Asst. Attorney General for Appellee)

Civil: State Tort Claims Act and Negligence

Proceedings Below: The trial court found that Appellants failed to establish that Nebraska Department of Health & Human Services (HHS) breached any duty to Appellants and dismissed the case against HHS.  On appeal and on its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred to its docket. 

Issues: On appeal, Appellants make the following assignments of error:  1) The trial court erred in granting the Defendant a Partial Directed Verdict; 2) The trial court erred in finding that the Defendant did not breach their duty of care; and 3) The trial court abused its discretion by excluding Steven Wilson’s deposition testimony. 

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