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YODER v. COTTON

No. S-07-1337.

758 N.W.2d 630 (2008)

276 Neb. 954

Randy L. YODER and Cheryl Yoder, husband and wife, Appellants, v. Joel T. COTTON, M.D., Appellee.

Supreme Court of Nebraska.

December 19, 2008.

Attorney(s) appearing for the Case

David A. Domina and Linda S. Christensen, of Domina Law Group, P.C., L.L.O., Omaha, for appellants.

David J. Cripe, Thomas J. Shomaker, and Michael G. Monday, of Sodoro, Daly & Sodoro, Omaha, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, and McCORMACK, JJ.

HEAVICAN, C.J.

I. INTRODUCTION

Randy L. Yoder (Yoder) and Cheryl Yoder brought this claim against Joel T. Cotton, M.D., alleging battery and negligence as a result of an independent medical examination. Cotton filed a motion for summary judgment. The trial court granted the summary judgment motion and applied Nebraska law. The Yoders claim that there were genuine issues of material fact and that Iowa law should have applied. We affirm the decision of the...

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