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CERNY v. LONGLEY

No. S-04-481.

708 N.W.2d 219 (2005)

270 Neb. 706

Melvin R. CERNY and Linda Cerny, appellants and cross-appellees, and Geotechnical Services, Inc., a Nebraska corporation, appellee v. Michael LONGLEY, M.D., et al., appellees, and Nebraska Spine Surgeons, P.C., appellee and cross-appellant.

Supreme Court of Nebraska.

December 9, 2005.

Attorney(s) appearing for the Case

James D. Sherrets and Theodore R. Boecker, of Sherrets & Boecker, L.L.C., Omaha, for appellants.

P. Shawn McCann, of Sodoro, Daly & Sodoro, P.C., Omaha, for appellees Michael Longley, M.D., Eric Phillips, M.D., Nebraska Spine Surgeons, P.C., Nebraska Spine Center, L.L.C., and Nebraska Center, L.L.P.

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

CONNOLLY, J.

Melvin R. Cerny and his wife, Linda Cerny, appeal the district court's order granting the appellees' motion for summary judgment. The Cernys alleged that the appellees, physicians Michael Longley and Eric Phillips, and their employer, Nebraska Spine Surgeons, P.C., negligently treated Melvin and failed to inform him of the risks of spinal surgery. The appellees presented deposition testimony and the affidavits of Longley and Phillips, in addition to affidavits...

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