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MUNSTERMANN v. ALEGENT HEALTH-IMMANUEL MED.

No. S-04-1312.

716 N.W.2d 73 (2006)

271 Neb. 834

Carol K. MUNSTERMANN, Personal Representative of the Estate of Jodi Sue ROWE, Deceased, appellee, v. ALEGENT HEALTH-IMMANUEL MEDICAL CENTER, a not-for-profit corporation, and Hudson Hsieh, M.D., appellants.

Supreme Court of Nebraska.

June 23, 2006.

Attorney(s) appearing for the Case

P. Shawn McCann, Joseph S. Daly, and Mary M. Schott, of Sodoro, Daly & Sodoro, P.C., for appellants.

William T. Ginsburg, for appellee.

HENDRY, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and HANNON, Judge, Retired.

GERRARD, J.

Marty Nuzum murdered his estranged girl friend, Jodi Sue Rowe, on February 12, 2002. The question presented in this appeal is whether Nuzum communicated a serious threat of physical violence against Rowe to the defendants, Nuzum's treating psychiatrist and health care facility, such that the defendants were under a duty to take reasonable precautions to prevent the murder. The jury in this case was unable to reach a verdict, and the district court declared...

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