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JONES v. MALLOY

No. 85-791.

412 N.W.2d 837 (1987)

226 Neb. 559

Imogene JONES, Appellant, v. James Jeffrey MALLOY, D.C., Appellee.

Supreme Court of Nebraska.

September 25, 1987.

Attorney(s) appearing for the Case

Thomas R. Wolff, Omaha, for appellant.

Joseph F. Bataillon and Robert M. Slovek of Sodoro, Daly & Sodoro, Omaha, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

WHITE, Justice.

The plaintiff, Imogene Jones, appeals from the verdict in favor of the defendant, James Jeffrey Malloy, D.C. Her petition alleged two causes of action: first, that Dr. Malloy performed a chiropractic manipulation on her without her consent (battery); and second, that Dr. Malloy negligently failed to inform or explain the risks of the procedure he performed upon her, resulting in a lack of informed consent. Dr. Malloy moved for and was granted a directed...

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