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SIMON v. DRAKE

No. S-11-744.

829 N.W.2d 686 (2013)

285 Neb. 784

Bruce SIMON, appellant, v. Mary Kay DRAKE, M.D., appellee.

Supreme Court of Nebraska.

May 3, 2013.

Attorney(s) appearing for the Case

Robert M. Slovek and Douglas W. Peters , of Kutak Rock, L.L.P., Omaha, for appellant.

Joseph S. Daly and Mary M. Schott , of Sodoro, Daly & Sodoro, P.C., Omaha, for appellee.

HEAVICAN, C.J., CONNOLLY, and McCORMACK, JJ., and RIEDMANN, Judge, and CHEUVRONT, District Judge, Retired.

CONNOLLY, J.

SUMMARY

The appellant, Bruce Simon, sued the appellee, Mary Kay Drake, M.D., for medical malpractice. A jury returned a verdict for Drake. Simon appeals from the district court's evidentiary rulings. During trial, the court permitted Drake to question one of Simon's treating physicians, Kevin Garvin, about his opinion of Drake's performance in treating Simon for hip pain — even though neither...

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