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GOURLEY v. METHODIST HEALTH SYSTEM

No. S-00-679.

663 N.W.2d 43 (2003)

265 Neb. 918

Colin M. GOURLEY, a Minor, By and Through Michael J. GOURLEY, his Father, and Lisa A. Gourley, his Mother, as Next Friends and Natural Guardians, et al., Appellees, v. NEBRASKA METHODIST HEALTH SYSTEM, INC., a corporation, Appellee, and Michelle S. Knolla, M.D., and Obstetricians-Gynecologists, P.C., Doing Business as the OB/GYN Group, Appellants.

Supreme Court of Nebraska.

May 16, 2003.

Attorney(s) appearing for the Case

William M. Lamson, Jr., Raymond E. Walden, and William R. Settles, of Lamson, Dugan & Murray, L.L.P., and John R. Klein, Omaha, for appellants.

Daniel B. Cullan and Paul W. Madgett, of Cullan & Cullan, and John Vail,Omaha, for appellees Colin M. Gourley et al.

James A. Snowden and Andrew B. Koszewski, of Wolfe, Snowden, Hurd, Luers & Ahl, Omaha, for appellee Andrew Robertson, M.D.

Thomas J. Shomaker and Mary M. Schott, of Sodoro, Daly & Sodoro, Omaha, for appellee Nebraska Methodist Health System, Inc.

Charles M. Pallesen, Jr., of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for amici curiae Nebraska Medical Association and Greater Nebraska Medical Coalition.

William F. Austin, of Erickson & Sederstrom, P.C., Lincoln, for amici curiae Nebraska Association of Hospitals and Health Systems and Cherry County Hospital.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, and McCORMACK, JJ., and HANNON and CARLSON, Judges.

PER CURIAM.

Neb.Rev.Stat. § 44-2825(1) (Reissue 1998) of the Nebraska Hospital-Medical Liability Act limits recoverable damages in medical malpractice actions to $1,250,000. The district court determined that the damages limitation was unconstitutional because it denied the appellees Colin M. Gourley and his parents, Michael J. Gourley and Lisa A. Gourley, equal protection of the law and a right to a jury trial. The appellants, Michelle S. Knolla, M.D., and Obstetricians...

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