HARPER v. SILVA

No. 86-273.

399 N.W.2d 826 (1987)

224 Neb. 645

Thomas G. HARPER, Plaintiff, v. Norberto R. SILVA, M.D., et al., Defendants.

Supreme Court of Nebraska.

January 30, 1987.


Attorney(s) appearing for the Case

Debra R. Nickels of Welsh, Sibbernsen & Roach, Omaha, Gary D. McCallister, Topeka, Kan., and Phillip A. Burdick, Hiawatha, Kan., for plaintiff.

John P. Grant and Robert G. Lange and, on brief, Robert M. Spire, Atty. Gen., and Martel J. Bundy, Lincoln, for defendant Excess Liability Fund.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ.


WHITE, Justice.

Finding no controlling precedent, the U.S. District Court for the District of Nebraska has certified three questions of law, pursuant to Neb.Rev.Stat. § 24-219 (Reissue 1985), to this court. The facts giving rise to the controversy in this case have been recited to us as follows.

The parties to the action in the U.S. District Court are plaintiff, Thomas G. Harper, and defendants Dr. Norberto R. Silva and Falls City Surgical Associates...

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