Woodward v. Saint Francis Med. Ctr.

Summary

The Nebraska Supreme Court reversed summary judgment for the defendants and remanded for further proceedings. It held that affidavits from nonparty expert witnesses should not have been stricken merely because they differed from their deposition testimony, because the discrepancy presented a credibility issue for the fact finder. The court also reversed the portion of the order addressing Saint Francis' agency liability because the basis for that ruling and the evidence considered were unclear. No separate opinions were filed.