(AP) — The Nebraska Supreme Court has ruled that a former day care operator cleared of charges in a baby’s death deserves to have her lawsuit against a pathologist in the case heard by a jury.

Friday’s decision is the second time the state’s high court has reversed a lower court ruling dismissing the lawsuit.

The high court found that Lancaster County District Judge Paul Merritt Jr. was wrong to grant pathologist Matthias Okoye’s request for summary judgment.

Carla Jean McKinney was charged with the 2007 death of a 4-month-old baby in her care, based in part on the autopsy Okoye performed.

Charges against McKinney were later dropped after two other pathologists cleared her of wrongdoing, and she sued Okoye and his corporation for nearly $275,000.