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SMITH v. COLORADO ORGAN RECOVERY SYSTEM

No. S-02-767.

694 N.W.2d 610 (2005)

269 Neb. 578

James R. SMITH, appellant, v. COLORADO ORGAN RECOVERY SYSTEM, INC., et al., appellees.

Supreme Court of Nebraska.

April 1, 2005.

Attorney(s) appearing for the Case

Edward F. Fogarty, of Fogarty, Lund & Gross, Omaha, and Marc Humphrey, of Humphrey Law Firm, for appellant.

John A. Svoboda, of Gross & Welch, P.C., Omaha, for appellee Nebraska Organ Retrieval System, Inc.

Michael F. Kinney and Martin V. Klein, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellee Dr. Everett Spees.

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

GERRARD, J.

BACKGROUND

In 1994, James R. Smith, the plaintiff, was living in Omaha, Nebraska, and awaiting a liver transplant operation. A donor liver became available from a gunshot victim in Denver, Colorado. The donor liver was recovered from the donor at Denver General Hospital by Dr. Everett Spees, medical director for Colorado Organ Recovery System, Inc. (CORS).

When a liver is recovered, it is flushed twice while still in the donor's body...

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