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Torts Keyed to Dobbs
Wulf v. Kunnath
Citation:
827 N.W.2d 248, 285 Neb. 472 (2013)Facts
During the noon hour on October 23, 2007, nurses Susan Wulf, Paula Kehm, and Chelsea Crocker were in the nurse’s workroom with Dr. Sharad Kunnath and Dr. Crystal Knight. The atmosphere was lighthearted with joking among the group. When Wulf commented that it would be funny to see Kunnath using a snowblower, Kunnath responded by saying “Hey, [Wulf], don’t make fun of me,” and tapped Wulf on the nape of her neck. Witnesses described the contact differently: Wulf called it “a strike,” while others described it as a “playful tap.” Wulf claimed the contact caused her head to move forward rapidly, that she dropped her telephone, and immediately felt pain, nausea, dizziness, and blurred vision. However, other witnesses testified they did not observe such a reaction. Wulf sought medical treatment and eventually underwent two surgeries. Evidence showed Wulf had prior neck issues dating back to the 1980s and 1990s, including degenerative disk disease. Testimony also revealed that Kunnath had “thumped” Wulf on prior occasions in a good-natured way, and she had never complained or asked him to stop.
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