BERNARD MICHIE and DIANNA LEE ESTES, Plaintiffs,
vs.
ANDERSON BUILDERS INC., Defendant.
No. 0122
DOC 212
Nebraska Workers Compensation
May 10, 2013
Michael W. Meister, Attorney at Law
Ryan
C. Holsten, Attorney at Law
ORDER OVERRULING DEFENDANT’S MOTION FOR PARTIAL
SUMMARY JUDGMENT
Michael K. High, JUDGE
THIS
MATTER came on for hearing on May 8, 2013. Plaintiffs’
attorney took part by telephone conference and defendant’s
attorney was present in court. Defendant offered
Exhibits 1 through 5 and plaintiff offered Exhibit 6 at
the motion hearing. Exhibits 1 through 6 were received for
the purpose of the motion for partial summary judgment
without objection. Defendant provided the Court with a brief
in support of its motion for partial summary judgment and
plaintiff submitted an opposition brief by email shortly
after the motion hearing. The matter now comes on for
decision and this Court, after being fully advised in the
premises, overrules defendant’s motion for partial summary
judgment.
DISCUSSION
When
reviewing a motion for summary judgment, the Court is to view
the evidence in the light most favorable to the party against
whom the judgment is brought and must give such party
– in this case the plaintiff
– the benefit of all reasonable
inferences deducible from the evidence.
With
those guidelines in mind, this Court looks to the report of
pathologist, Dr. James A. Wilkerson, IV, dated
and signed on May 8, 2012. In the report the pathologist’s
conclusion is that,
Based
upon the history and autopsy findings, it is my opinion that
Bernard Gerald Michie, a 49-year-old White male,
had no definitive cause of death. History, scene findings,
pulmonary edema and a full bladder, along with the toxicology
findings, suggest multiple drug intoxication as the most
likely cause of death. Prolonged metabolism while in a
comatose but ultimately fatal state resulted in reduced
levels of the drugs. The manner of death is undetermined (E5,
p. 1; and E6, p. 7).
This
opinion is sufficient to raise a...
