Wulf v. Kunnath - 285 Neb. 472, 827 N.W.2d 248 (2013)

Rule:

A jury verdict will not be set aside unless clearly wrong, and it is sufficient if any competent evidence is presented to the jury upon which it could find for the successful party. In determining the sufficiency of the evidence to sustain a verdict in a civil case, an appellate court considers the evidence most favorably to the successful party and resolves evidential conflicts in favor of such party, who is entitled to every reasonable inference deducible from the evidence.

Facts:

While in a lighthearted work setting, the doctor used his hand to tap or strike the back of a nurse's neck. The nurse claimed that the contact caused serious injuries, and she sued the doctor for battery, among other things. After the district court denied the nurse's motions for summary judgment and directed verdict on the issue of battery, a jury returned a verdict in the doctor's favor.

Issue:

Did the district court err in denying the nurse's motions for summary judgment?

Answer:

No.

Conclusion:

The reviewing court held that the evidence, viewed in the light most favorable to the doctor, supported a finding either that the nurse consented to the contact or that the contact did not cause the nurse's injuries. Evidence showed that the doctor had "thumped" the nurse on prior occasions at work—contact which the nurse testified was not offensive to her—and that the nurse never objected to the thumps by the doctor. Also, evidence was adduced that witnesses observed no reaction by the nurse following the contact and had no reason to believe she had been injured. The nurse obtained medical treatment following the incident, but evidence established that she suffered from neck problems prior to the incident.