KASPAR v. SCHACK

No. 40136.

237 N.W.2d 414 (1976)

195 Neb. 215

Ronald KASPAR, Special Administrator of the Estate of Mary A. Kaspar, Deceased, Appellant, v. Colin B. SCHACK, M.D., Appellee.

Supreme Court of Nebraska.

January 15, 1976.


Attorney(s) appearing for the Case

Lathrop, Albracht & Dolan, Daniel G. Dolan, David S. Lathrop, Omaha, for appellant.

Joe P. Cashen, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellee.

Heard before WHITE, C. J., and BOSLAUGH, CLINTON and BRODKEY, JJ., and KUNS, Retired District Judge.


WHITE, Chief Justice.

In this medical malpractice case, the plaintiff appeals from a jury verdict and judgment for the defendant, primarily asserting error in the instructions given by the trial court on the burden of proof. We reverse the judgment of the District Court and remand the cause for a new trial.

The plaintiff's decedent, Mary Ann Kaspar, was a young married woman. In April of 1972, Mary Ann visited Dr. Schack who diagnosed her pregnant. Mary Ann...

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