Wulf v. Kunnath

Susan A. Wulf (Appellant) v. Sharad Kunnah, M.D. (Appellee)

Douglas County, Honorable Russell Derr

Attorneys:  Terrance Salerno (Appellant) – Christopher Tjaden (Gross & Welch)

Civil:  Battery

Proceedings below:  Denial of Motion for Summary Judgment, Denial of Motion for Directed Verdict, Jury Verdict for Defendant.

Issues: (1) The trial court erred in failing to grant the Plaintiffs Motion for Summary judgment. (2) The trial Court erred in failing to direct a verdict for the plaintiff on the issue of battery. (3) The trial Court erred in submitting jury instructions to the jury that allowed the jury to determine whether a battery occurred or whether an injury resulted from the action. (4) That the Court erred in misapplying the law to the specific facts of this incident. (5) The verdict was contrary to the law and to the evidence presented in this case.