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KELLER v. TAVARONE

No. S-01-1052.

655 N.W.2d 899 (2003)

265 Neb. 236

Brenda L. KELLER, Appellant, v. Thomas N. TAVARONE, M.D., Appellee.

Supreme Court of Nebraska.

January 31, 2003.

Attorney(s) appearing for the Case

Richard A. DeWitt and Robert S. Lannin, of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, P.C., Omaha, for appellant.

Robert W. Wagoner, Grand Island, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

PER CURIAM.

NATURE OF CASE

Appellant, Brenda L. Keller, filed a medical malpractice petition against appellee, Thomas N. Tavarone, M.D., under the Political Subdivisions Tort Claims Act (Tort Claims Act), expressly relying on the "savings clause" of Neb.Rev.Stat. § 13-919(2) (Reissue 1997). The district court found the savings clause inapplicable and dismissed the action. We removed the appeal to our docket on our own motion pursuant to our authority...

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