Earlier this month, an appellate court in Nebraska issued an opinion in a case arising out of a bus accident in which the city government named as the defendant admitted liability but argued that the damages ordered by the court were too high. In the case, Moreno v. City of Gering, the appellate court ultimately determined that the lower court was correct in its ruling, and it affirmed the verdict in favor of the plaintiff.
The plaintiff, Moreno, was injured in an accident involving a county-owned bus and a city-owned fire truck. Evidently, Moreno was riding on the bus when it was struck by a fire truck being operated by a volunteer fire-fighter. As a result of the collision, Moreno, who had a pre-existing medical condition affecting her back, suffered serious injuries. A few months after the accident, she had a cervical fusion surgery performed.
At the trial, the city and county admitted that they were each liable to Moreno, but they argued that the surgery was not necessary. To support their claim, they pointed to recent news articles that the doctor who had recently performed the surgery performed a record number of similar surgeries. The defendants presented a medical expert who testified that the surgery was unnecessary given Moreno’s injuries, and that the surgeon who performed it was “a criminal.” There was also evidence presented that the surgeon had been suspended due to the number of medical malpractice cases brought against him.