Wehrer v. Dynamic Life Therapy and Wellness, P.C.

Summary

The Nebraska Supreme Court held that a massage therapist is not a "professional" for purposes of the professional negligence statute of limitations under Neb. Rev. Stat. § 25-222. The court reversed summary judgment for Dynamic Life Therapy & Wellness and remanded because the general negligence limitations period applied instead.

Holdings

1. A massage therapist is not a professional for purposes of applying Neb. Rev. Stat. § 25-222.
2. Summary judgment was improperly granted because the professional-negligence limitations period in § 25-222 did not apply to the claim.
3. The court did not need to address the constitutional challenge because § 25-222 did not apply to the claim.

Questions Presented

1. Whether massage therapy is a profession, and whether a massage therapist provides professional services, for purposes of the professional-negligence statute of limitations in Neb. Rev. Stat. § 25-222.
2. Whether summary judgment was properly granted on the ground that Wehrer's negligence claim was time barred.
3. Whether the court needed to address Wehrer's constitutional challenge to § 25-222 after determining that the statute did not apply.

Disposition

reversed_and_remanded