Bixenmann v. Dickinson Land Surveyors, Inc.

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Bixenmann v. Dickinson Land Surveyors, Inc.

Case Number
S-15-0695
Call Date
April 27, 2016
Court Number
Douglas
Case Summary

S-15-695, Lawrence M. Bixenmann and Norma J. Bixenmann (appellants) v. Dickinson Land Surveyors, Inc. (appellee)

Douglas County, Hon. Leigh A. Retelsdorf

Attorneys: James R. Welsh and Christopher Welsh (Welsh & Welsh) (appellants); Albert M. Engles and James E. Boesen (Engles, Ketcham, Olson & Keith) (appellant)

Civil: professional negligence

Proceedings below: Lawrence M. Bixenmann and Norma J. Bixenmann, husband and wife, the appellants, filed a complaint against Dickinson Land Surveyors, Inc., the appellee, alleging negligence and loss of consortium. Dickinson Land Surveyors filed a motion for summary judgment. The district court for Douglas County stated that because the appellants did not present expert testimony regarding the appropriate standard of care in the surveying profession, they could not prevail as a matter of law, and therefore, the district court granted the motion for summary judgment. The appellants filed a motion to alter or amend, which the district court overruled. The appellants appeal.

Issue: The appellants assert that the district court erred when it (1) granted summary judgment in favor of the appellee, (2) determined that Ryan Dickinson, the owner of the appellee, was a professional, (3) determined that the appellants were required to present expert testimony regarding the standard of care for a surveyor, and (4) determined that the common knowledge exception did not apply.