Ammon v. Husen

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Ammon v. Husen

Case Number
A-15-1184
Call Date
February 15, 2017
Case Time
9:00 AM
Case Summary

A-15-1184, Sheena Ammon, Special Administrator of the Estate of Patricia Cody (Appellant) v. Stephen Nagengast, M.D. and General Surgery Associates, LLC

Otoe County, District Court Judge Jeffrey J. Funke

Attorney for Appellant: Greg Garland (Greg Garland Law); Kathy Pate Knickrehm; Tara DeCamp (DeCamp Law, PC, LLO); Kent A. Schroeder (Ross, Schroeder & George, LLC)

Attorney for Appellees: William L. Tannehill, John P. Weis (Wolfe, Snowden, Hurd, Luers & Ahl, LLP)

Civil Action: Medical Malpractice

Action Taken by Trial Court: Ammon brought a malpractice action against multiple defendants for damages incurred as a result of alleged negligence in failing to properly diagnose and treat the decedent, Patricia Cody, during a surgical procedure. Prior to trial, Appellant and Defendant Denise Husen Murry, a certified nurse anesthetist, reached a confidential settlement agreement, and Husen Murry was dismissed from the case. Following trial, the jury returned a verdict in favor of the defendants.

Assignments of Error on Appeal: On appeal, Ammon asserts the trial court erred in (1) instructing the jury regarding apportionment of damages and providing verdict forms allowing the jury to allocate a percentage of negligence to a defendant who had been dismissed from the case, and (2) failing to properly instruct the jury concerning the defendants' negligence relative to their defense that the Cody's injuries and damages were the proximate result of the action or inaction of individuals over whom they had no control or right of control.

Case Location
Lincoln
Panel Text
Moore, Chief Judge, Inbody, and Pirtle, Judges