S-25-0111 Elisban A. Bazan (Appellant) v. Eric Gonser and Elite Fleet Hauling, LLC. (Appellees)
Appeal from the District Court for Cass County, Judge Michael A. Smith
Attorneys: Ross R. Pesek and Daniel C. Martin (Pesek Law, LLC for Appellant) and Thomas J. Culhane, Matthew D. Quandt, Matthew B. Reilly, and Raymond E. Walden (Erickson Sederstrom, P.C. for Appellees)
Civil: Negligence and causation
Proceedings Below: After a collision with an Elite Fleet truck driven by Eric Gonser, Appellant sued Appellees for negligence. Appellees admitted breach of duty but contested the following: causation, the nature and extent of Appellant’s injuries, and damages. A jury awarded Appellant damages, and a judgment was entered consistent with the jury’s award. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred in excluding the testimony of Dr. Demetrio Aguila on causation and prognosis; 2) The district court erred in excluding evidence of Appellant’s past medical expenses and reasonably certain future medical expenses; and 3) The district court erred in allowing psychologist Dr. Ryan Ernst to render a medical diagnosis by testifying that Appellant did not sustain a traumatic brain injury.