Legal Opinion

Carlson v. Okerstrom

Nebraska Supreme Court

Decided February 13, 2004No. S-02-1076PublishedCited by 36 opinions

1Opinion of the CourtConnolly, J.

A jury awarded C. Dean Carlson (Dean) $894,901 and his wife, Karen Carlson, $259,578 for injuries they suffered because of an automobile collision caused by the negligence of Leslie A. Okerstrom.

On appeal, Okerstrom and his employer, K & B Transportation, Inc. (collectively the appellants), claim that the court erred in allowing the Carlsons’ expert, Daniel B. Einspahr, M.D., to testify that Dean developed a dysfunctional bladder because of injuries he suffered in the collision. Specifically, the appellants argue that (1) because Einspahr was an internist and not a urologist or neurologist,…

2Cases cited36 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
  5. Moore v. Ashland Chemical Inc.Court of Appeals for the Fifth Circuit · 1998

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3Cited by36 opinions

  1. Creanga v. JardalSupreme Court of New Jersey · 2005
  2. King v. Burlington Northern Santa Fe Ry. Co.Nebraska Supreme Court · 2009
  3. Roskop Dairy v. GEA Farm Tech.Nebraska Supreme Court · 2015
  4. State v. HerreraNebraska Supreme Court · 2014
  5. Epp v. LaubyNebraska Supreme Court · 2006

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