Mistrial called in Antelope County district court malpractice case

An Antelope County district court civil case has been rescheduled, after a mistrial was called by the Honorable Mark Johnson on Monday, Oct. 5.

The case, brought by plaintiff Jennie Schrage of Clearwater, individually, and as administrator of the estate of Cyril Schrage, deceased, was originally filed by the Schrages' attorney Jason Ausman of Ausman Law Firm in Omaha on Feb. 12, 2018, prior to Cyril Schrage's May 29, 2018 death. An amended complaint was filed Sept. 28 by Ausman.

Defendants are Antelope Memorial Hospital and William Brad Lockee, M.D. Defense attorney is Mark Novotny with the Lamson Dugan & Murray firm in Omaha.

The suit alleges negligence in Lockee's 2016 treatment of Cyril Schrage, while the doctor was employed by AMH.

Jury selection was underway last Monday at the Antelope County Fairgrounds, a site selected by district court officials and approved by the Antelope County Commissioners, in order to accommodate the large jury pool and still maintain social distancing amidst COVID-19 concerns.

According to Johnson's journal note, "prospective jurors were sworn in and voir dire (process of questioning potential jurors by a judge or lawyers to determine suitability to serve on a jury) commenced. The court dismissed the jury panel for a break. At that time, outside the presence of the jury, the defendant moved the court for an oral motion for mistrial."

The motion was sustained by Johnson and the jury panel was dismissed.

The trial is rescheduled for April 19-23 and April 26, 2021.