The Nebraska Supreme Court defines the issue of a continuing tort action and its relation to the statute of limitations. We reaffirm our statement in Wischmann and conclude that a claim for damages caused by a continuing tort can be maintained for injuries caused by conduct occurring within the statutory limitations period. Seen in this light, the "continuing tort doctrine" is not a separate...
The Nebraska Supreme Court ruled today that a trial court did abuse its discretion in striking the testimony of a physician regarding the causal relationship between a diagnosis of fibromyalgia and it traumatic onset. The case is Epp v. Lauby, 271 Neb. 640. This case reiterates Nebraska's interpretation of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed....
A young person was about to turn seventeen years of age when he was senselesslygunned down in June of 1998. On Father's Day, four days after he was shot, he died. His name was Tommy Craft and thanks to his love of skating and those who loved him , a memorial fund was created with its motto: "skate don't hate." The Tommy Craft Memorial Fund organization has been around for several years and has...
I read a very encouraging article concerning the implantation of bioengineered cartilage in damaged knee joints. The authors of the study conclude:"We have shown for the first time that tissue-engineered cartilage implanted into knees can mature into an articular cartilage structure as early as 11 months after implantation of Hyalograft C," the authors conclude. "Development of osteoarthrosis,...
A Connecticut minister was killed in a motorcycle accident recently when the Harley Davidson he was riding was rear-ended by another vehicle. Reverend John Schettenhelm was stopped and preparing to turn into his driveway when a Volvo driven by Stephen Maier struck him from behind.Christine at TheThinking Mother is an acquaintance of Schettenhelm's wife and is familiar with the road on which he...
A study reported at Medscape: Not a large study but it seems to fall in line with recent trends for treatment of herniated discs.Study Design: Prospective randomized controlled trial.Objective: To assess effectiveness of microdiscectomy in lumbar disc herniation patients with 6 to 12 weeks of symptoms but no absolute indication for surgery.Summary of Background Data: There is limited evidence...
The case of Castillo v Young handed down today by the Nebraska Supreme Court answers the question regarding the propriety of instructing a jury regarding a prexisting condition. The court decided that it is proper for a trial court to instruct a jury that you take the plaintiff as you find them. The requested instruction was:The instruction requested by Castillo stated: There is evidence...
As we enter the hot summer months, more and more people are buying motorcycles. The first thing on your agenda should be registration in the Motorcycle Safety Class. Motorcycle 101 is a course for the rider who has never been on a motorcycle; while the Basic Rider Course is for new to semi-experienced riders. After years of steady decline in the number of motorcycle accidents, the trend has...
Thanks to my paraglegal, Christy Koch, for finding a list of articles from the International Study of Pain. The list of articles runs a gamet from pain in children, spinal pain, fibromyalgia pain, pain and depression, and on and on. The articles are scientific in nature, written by medical providers, whose object is to study pain.
Accidents happen all around us. Some people get hurt, some do not. Some people have claims, some do not. Everyone has an interest in trying to eliminate accidents from happening. We all need to timely report accidents, whenever and wherever they happen, so these accidents don't keep repeating themselves, causing harm to others. Most accidents are required to be reported. If you get into a...
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