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BURNS v. METZ

No. S-92-482.

513 N.W.2d 505 (1994)

245 Neb. 428

Mary Lou BURNS, Appellant, v. Philip S. METZ, M.D., Appellee.

Supreme Court of Nebraska.

March 25, 1994.

Attorney(s) appearing for the Case

James R. Welsh, of Bradford, Coenen, Ashford & Welsh, Omaha, for appellant.

James A. Snowden, of Knudsen, Berkheimer, Richardson & Endacott, Lincoln, for appellee.

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

HASTINGS, Chief Justice.

Plaintiff, Mary Lou Burns, brought this action for professional negligence arising from breast reduction surgery performed by defendant-appellee Philip S. Metz, M.D., and his assistant, defendant Richard M. Pitsch, Jr., M.D. Plaintiff assigns as error the failure of the trial court to instruct the jury as to the definition of negligence and its failure to instruct that Dr. Metz was responsible for all negligent acts of his assistant.

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