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ECCLESTON v. CHAIT

No. S-89-1352.

492 N.W.2d 860 (1992)

241 Neb. 961

Harry A. ECCLESTON, Appellant and Cross-Appellee, v. David H. CHAIT, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

December 4, 1992.

Attorney(s) appearing for the Case

James R. Welsh, of Welsh & Sibbernsen, Omaha, for appellant.

Joseph F. Bataillon, of Sodoro, Daly & Sodoro, Omaha, for appellee.

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

SHANAHAN, Justice.

Harry A. Eccleston appeals from the judgment on a verdict for Dr. David H. Chait in a medical malpractice action based on inadequacy of information for an informed consent to a stapedectomy. In his appeal, Eccleston claims that he is entitled to a new trial as the result of misconduct during the jury's deliberations. Chait cross-appeals and contends that the district court for Douglas County, pursuant to Chait's motion, should have directed a verdict...

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