Moreno v. City of Gering (15)

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Moreno v. City of Gering (15)

Case Number
S-15-0216
Call Date
January 6, 2016
Court Number
Scotts Bluff
Case Summary

S-15-0216 Rosa Moreno v. City of Gering, a Political Subdivision and Scotts Bluff County, a Political Subdivision (Appellants)

Scotts Bluff County, Judge Randall Lippstreu

Attorneys: Michael W. Meister (Appellee) --- Charles W. Campbell (Angle Murphy & Campbell PCLLO) (for Scotts Bluff County) and Howard P. Olsen (Simmons Olsen) (for City of Gering)

Civil: Personal injury; Political Subdivisions Tort Claims Act, Neb. Rev. Stat. '' 13-901 et seq.

Proceedings below: The trial court overruled the Appellants' motion to compel and motion to continue. The court entered judgment in favor of the plaintiff in the amount of $575,203.62. A further order after a motion to alter or amend allocated the damages 30%, or $103,680.00 to Scotts Bluff County and 70%, or $241,920.00, to the City of Gering. The court entered a judgment against both defendants jointly and severally for damages of $229.603.62. Appellants filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: 1. The district court erred in overruling the Defendants' Motion to compel and denying the production of materials sought for the purpose of conducting adequate pretrial preparation as the basis for an informed cross-examination and impeachment of the Plaintiffs expert witness.

2. The district court erred in sustaining the objections of the nonparty Regional West Medical Center/Regional West Physician's Clinic to evidence presented in support of the Defendants' Motion to compel. 3. The district court erred in overruling the Defendants' Motion to continue the trial. 4. The district court erred in finding that the multi-level cervical discectomy performed by Dr. Jimenez was necessary to treat the Plaintiff for injuries suffered in the accident, and that the follow-up medical care provided to the Plaintiff associated with the disk fusion surgery was medically necessary to treat the Plaintiff for injury suffered in the accident. 5. The court erred in awarding the Plaintiff/Appellee damages associated with the multi-level spinal fusion operation and related medical services.