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GILBERT v. ARCHBISHOP BERGAN MERCY HOSP.

No. 86-091.

421 N.W.2d 760 (1988)

228 Neb. 148

Floyd R. GILBERT, Appellant, v. ARCHBISHOP BERGAN MERCY HOSPITAL, Appellee.

Supreme Court of Nebraska.

April 8, 1988.

Attorney(s) appearing for the Case

Ronald J. Palagi, Joseph B. Muller, and Martin Spellman, Omaha, for appellant.

John R. Douglas of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellee.

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

HASTINGS, Chief Justice.

Plaintiff, Floyd R. Gilbert, has appealed a jury verdict in favor of the defendant, Archbishop Bergan Mercy Hospital, in his medical malpractice lawsuit. The plaintiff assigns as errors the giving by the trial court of only a statutory instruction on the standard of care without additional explanatory instructions and the submitting of instruction No. 9, which "commented on expert testimony, and informed the jury to disregard such testimony...

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