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Churchill v. Columbus Community Hospital, Inc.

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Date: 
Wednesday, January 9, 2013

Jeanette Churchill (Appellant) v. Columbus Community Hospital, Inc., Columbus Community Hospital, d/b/a Premier Physical Therapy, and Premier Physical Therapy of Columbus Community Hospital

 

Platte County District Court--Judge Robert R. Steinke

 

Attorneys:   Jon J. Puk, Kelli Anne Francis, Walentine, O’Toole, McQuillan & Gordon, LLP (Appellant) Mark E. Novotny, John M. Walker, Sarah F. Macdissi, Lamson, Dugan and Murray, LLP

 

Civil:  Negligence

 

Proceedings Below: Jeanette Churchill was injured in a fall on the premises of Premier Physical Therapy, which is part of Columbus Community Hospital, Inc. (hereinafter appellees). She filed a complaint alleging negligence based on premises liability.  The appellees argued that the injuries were the result of professional negligence and that recovery was barred by the 2-year statute of limitations in Neb. Rev. Stat. § 25-222 (Reissue 2008). The Platte County District Court agreed that the 2-year statute of limitations applied, and it dismissed Churchill’s complaint with prejudice. She appeals.

 

Issues: Churchill asserts that the trial court erred in (1) using Swassing v. Baum, 195 Neb. 651, 240 N.W.2d 24 (1976), to determine a professional relationship existed between Jeanette and the appellees; (2) holding that the claimed negligence was an integral part of the appellees’ rendition of professional services, thereby implicating the 2-year statute of limitations; (3) not considering negligence based on premises liability; and (4) ordering the complaint dismissed with prejudice without allowing amendment of the complaint.

 

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