S-13-0155, Carla McKinney (Appellant) v. Mathis I. Okoye and Nebraska Forensic Medical Services
Lancaster County, Judge Paul D. Merritt, Jr.
Attorneys: George H. Moyer (Moyer & Moyer) (Appellant) --- James A. Snowden, Nathan D. Anderson (Wolfe Snowden Hurd Luers & Ahl, LLP)
Civil: Malicious prosecution
Proceedings below: This case was previously before the Supreme Court. See McKinney v. Okoye, 282 Neb. 880 (2012) (reversed and remanded for further proceedings). Upon remand, the district court granted Appellees’ motion for summary judgment on Appellant’s claim for malicious prosecution.
Issues: 1. The trial court erred by deciding as a matter of law that Dr. Okoye's report did not persuade or induce the county attorney to file child abuse charges against the plaintiff. 2. The trial court erred by finding that there was probable cause for the prosecution against Carla McKinney as a matter of law. 3. The trial court erred by finding that Dr. Okoye's autopsy reports did not contain false or misleading information. 4. The trial court erred by finding that the existence of probable cause is a question of law. 5. The trial court erred by concluding that the inference of malice was a matter of law for the court. 6. The trail court erred by sustaining the motion for summary judgment and dismissing plaintiff’s complaint.