 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hornbarger v. TMS Design Services7/26/2005
(Not Designated for Permanent Publication)
Irwin, Carlson, and Moore, Judges.
INTRODUCTION
Lonnie G. Hornbarger, special administrator of the estate of Charlotte A. Thompson, appeals from an order of the district court for Douglas County entering judgment against Hornbarger after a jury verdict in favor of TMS Design Services, Inc. (TMS). The trial court also ordered Hornbarger to pay TMS' costs of $2,661.55. In his negligence action, Hornbarger sought to recover damages for the wrongful death of Thompson, his mother. For the reasons set forth below, we affirm.
BACKGROUND
In 2003, Hornbarger filed suit against TMS, alleging that Thompson suffered injuries resulting in her death on February 23, 1998, and that such injuries occurred while Thompson was a patient at Immanuel Hospital (Immanuel). The record shows that TMS provides supplemental staff for medical facilities and that TMS contracted with Immanuel to provide such staff, including licensed practical nurses. That contract required in part that the nursing employees assigned to Immanuel would "have a minimum of one year['s] experience in an acute care setting within the last year."
In February 1998, TMS, through one of its employees, received a call from an Immanuel employee requesting a licensed practical nurse. As a result, TMS sent Toby Murray, a licensed practical nurse, to Immanuel. The record shows that during the second half of her shift on February 23, Murray worked in Immanuel's extended care unit, where Thompson was a patient.
The record shows that before Murray began to care for Thompson, another nurse informed Murray that Thompson had had a tracheostomy, in which a tube is inserted down into a person's lungs in order to provide him or her with more oxygen. At approximately 8:30 p.m. on February 23, 1998, Murray saw Thompson and noted no apparent respiratory distress on Thompson's part. At that time, Murray spoke with a respiratory therapist concerning Thompson and requested that the therapist come to check on Thompson. At 9:15 p.m., Thompson was found dead and her tracheostomy tube was found on the floor.
Subsequently, Hornbarger filed suit against Immanuel, alleging that Thompson's death was caused by the medical malpractice of Immanuel and its employees and agents. That lawsuit was later settled.
On June 16, 2003, trial was held on Hornbarger's claim against TMS. That morning, Hornbarger orally amended his petition and struck from it certain allegations of direct negligence on Murray's part. Hornbarger later filed his third amended petition with the court. In that petition, Hornbarger alleged that TMS was negligent in placing Murray at Immanuel when TMS knew or should have known that Murray did not have 1 year of acute care nursing experience within the past year, in placing Murray at Immanuel without ensuring that she had proper training and experience, in failing to properly train Murray, in failing to warn Immanuel of the limits of Murray's skill and training, and in failing to instruct Murray as to what procedures she should follow if she were assigned to work in an area beyond her training and knowledge.
At trial, Hornbarger objected to an instruction given by the trial court entitled "Burden of Proof," which stated, "Before [Hornbarger] can recover against , [Hornbarger] must prove, by the greater weight of the evidence, each and all of the following: . . . hat . . . Murray was an agent of TMS . . . at the time of the occurrence . . . ."
The jury returned a verdict in favor of TMS and against Hornbarger. On August 1, 2003, a hearing was held on TMS' motion for taxable costs pursuant to Neb
Page 1 2 3 Nebraska Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|