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Personal Inj. Med. Malpractice | Nebraska
Judgment
AMENDED JUDGMENT - Pursuant to the Court's Memorandum and Order on Defendants' Post-Trial Motions Pursuant to Fed. R. Civ. P. 50, 59, and 60, the Judgment on the jury's verdict entered on March 13, 2026, Filing 156 , is set aside, and JUDGMENT is entered in favor of Defendants and against Plaintiffs. Ordered by Chief Judge Brian C. Buescher. (MKR)
Order
MEMORANDUM AND ORDER- The Request of Oral Argument is denied; Defendants' Renewed Rule 50 for Judgment as a Matter of Law is a. denied as to the insufficiency of Dr. Kligerman's testimony on the standard of care and breach of that standard ; but b. granted as to the insufficiency of Dr. Van Scoy-Mosher's testimony on causation; and c. granted as to Defendants alternative request for new trial on the ground that the jury's verdict is against the weight of the evidence and the damages are excessive in light of the deficiency of Dr. Van Scoy-Moshers causation opinions in the face of other evidence; Defendants' Rule 59 Motion for New Trial is a. granted based on attorney misconduct, consisting of both an improper &qu ot;golden rule" argument and improper comments on credibility of witnesses and the merits; and b. granted based on an excessive damages award; but c. otherwise denied as moot; and Defendants' Motion to Amend Judgment is granted, and the judgment in this case is reduced to $2,250,000 if the jury's verdict in the Jensens' favor is subsequently reinstated. IT IS FURTHER ORDERED that the previous judgment on the jury's verdict is set aside and judgment as a matter o f law shall enter in favor of Defendants. FINALLY, IT IS ORDERED that the extended automatic stay in this matter pending the resolution of all post-trial trial motions in this case is lifted, and Defendants' bond to obtain that stay is exonerated. Ordered by Chief Judge Brian C. Buescher. (MKR)
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