Lee Larsen and Amy Larsen, husband and wife, and Plattsmouth Chiropractic Center, Inc., a Nebraska corporation, appellants,
401 main street, inc., a Nebraska corporation, doing business as Quart House Pub, and H. & C, Inc., a Nebraska corporation, appellees.
Trial: Expert Witnesses: Appeal and Error.
An appellate court reviews de novo whether the trial court
applied the correct legal standards for admitting an
___: ___ . An appellate court reviews for abuse of discretion
how the trial court applied the appropriate standards in
deciding whether to admit or exclude an expert's
Summary Judgment: Appeal and Error. An
appellate court will affirm a lower court's grant of
summary judgment if the pleadings and admitted evidence show
that there is no genuine issue as to any material facts or as
to the ultimate inferences that may be drawn from those facts
and that the moving party is entitled to judgment as a matter
___. In reviewing a summary judgment, an appellate court
views the evidence in the light most favorable to the party
against whom the judgment was granted and gives that party
the benefit of all reasonable inferences deducible from the
Courts: Expert Witnesses.
Under the Daubert v. Merrell Dow Pharmaceuticals,
Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469
(1993), and Schafersman v. Agland Coop, 262 Neb.
215, 631 N.W.2d 862 (2001), framework, the trial court acts
as a gatekeeper to ensure the evidentiary relevance and
reliability of an expert's opinion.
Trial: Expert Witnesses.
Under the framework established by Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125
L.Ed.2d 469 (1993), and Schafersman v. Agland Coop,
262 Neb. 215, 631 N.W.2d 862 (2001), if an expert's
opinion involves scientific or [302 Neb. 455] specialized
knowledge, a trial court must determine whether the reasoning
or methodology underlying the testimony is valid (reliable).
It must also determine whether that reasoning or methodology
can be properly applied to the facts in issue.
from the District Court for Cass County: Michael A. Smith,
A. Grennan, and Adam J. Wachal, of Gross & Welch, PC,
L.L.O., for appellants.
D. Mullin, Jr., of McGrath, North, Mullin & Kratz, PC,
L.L.O., for appellees.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
broke out in the basement of the Quart House Pub, a bar in
Plattsmouth, Nebraska. The fire spread and damaged nearby
real and personal property belonging to Lee Larsen and Amy
Larsen and Plattsmouth Chiropractic Center, Inc.
(collectively Plattsmouth Chiropractic). Plattsmouth
Chiropractic sued the entities that owned the bar and its
premises (collectively Quart House), alleging that equipment
located in the basement of the bar had been negligently
maintained. The district court did not allow testimony from
Plattsmouth Chiropractic's expert on the cause of the
fire and sustained Quart House's motion for summary
judgment. Plattsmouth Chiropractic now appeals those rulings.
that the district court did not abuse its discretion in
striking the testimony of Plattsmouth Chiropractic's
expert as to the cause of the fire. And without that
testimony, Plattsmouth Chiropractic could not present
evidence that would allow a finder of fact to reasonably
conclude that Quart House's negligence caused the fire
and resulting damage. For this reason, summary judgment was
proper. Finding no error, we affirm.
Motions to Strike, and Motion ...