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Janky v. Alegent Health-Bergan Mercy Health Systems8/31/2004
ny which states that the defendant failed to provide care which met the applicable standard. Id.
In the instant case, defendant Alegent Health offered the affidavit of Black, which affidavit opined that defendant Alegent Health complied with and met the applicable recognized standard of medical care. In support of his motion, defendant Dunn offered his affidavit stating that in his opinion, he and the other Alegent Health employees met the applicable standard of medical care required in Omaha or in similar communities under similar circumstances. Those affidavits were sufficient to make a prima facie case of lack of negligence for the purposes of summary judgment. The burden then shifted to Janky to show that an issue of material fact existed and that that fact prevented judgment as a matter of law. In order to make this showing, Janky needed to produce expert testimony stating that the defendants failed to provide care which met the applicable standard. Janky failed to produce such an expert. Because Janky failed to show that an issue of material fact existed, the defendants were entitled to summary judgment as a matter of law.
CONCLUSION
For the reasons stated above, the trial court properly dismissed the action after granting the motions for summary judgment filed by defendants Alegent Health and Dunn. Moreover, the court did not abuse its discretion in denying Janky a 30-day continuance. Therefore, the decision of the district court is affirmed.
Affirmed.
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