Rodriguez v. Catholic Health Initiatives (15)

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Rodriguez v. Catholic Health Initiatives (15)

Case Number
S-15-1205
Call Date
January 4, 2017
Court Number
Douglas
Case Summary

S-15-1205 Angela Rodriguez and Adan Rodriguez, Special Administrators of the Estate of Melissa Rodriguez [appellants] v. Catholic Health Initiatives, dba CHI Health, Alegent Creighton Health, now known as CHI Health Alegent Creighton Clinic, Lasting Hope Recovery Center of Catholic Health Initiatives, f/k/a/ Lasting Hope Recovery Center of Alegent Creighton Health, John Doe #1, and John Doe #2 (Collectively Lasting Hope); UNMC Physicians and Jane Doe Physician #1; and the Noll Company and Jane Doe Nurse #1

District court for Douglas County, Honorable James T. Gleason

Attorneys: Brian E. Jorde (DominaLaw Group) for appellants; J. Scott Paul, Elizabeth Bruening Smith, and Jay D. Koehn (McGrath North) for appellee Noll Company; Patrick G. Vipond and William R. Settles (Lamson Dugan) for appellee Chi/Lasting Hope

Civil: Action for professional negligence

Proceedings below: District court granted defendants' 12(b)(6) motions to dismiss

Issues: Did the trial court err in 1) dismissing Plaintiffs' second amended complaint against a) Lasting Hope, its employees, and its agent, Noll, and/or b)CHI Health and CHI Health Alegent Creighton, its owners or associates; 2) dismissing Plaintiffs' second amended complaint against UNMC and Jane Doe Physician #1), for failing to allege facts that gave rise to a duty to Melissa; or 3) denying Plaintiffs' motion for leave to amend their complaint because there was no evidence of futility or that undue delay, bad faith, or prejudice would have resulted from an amendment?