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TERRY v. DUFF

No. S-92-698.

516 N.W.2d 591 (1994)

246 Neb. 11

Charles L. TERRY, Appellant, v. Wallace E. DUFF, M.D., Appellee.

Supreme Court of Nebraska.

May 27, 1994.

Attorney(s) appearing for the Case

Michael J. Lehan, of Kelley & Lehan, P.C., and Ivory Griggs, Omaha, for appellant.

David D. Ernst, of Gaines, Mullen, Pansing & Hogan, Omaha, for appellee.

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

FAHRNBRUCH, Justice.

Charles L. Terry appeals a jury verdict that disallowed his medical malpractice claim against Wallace E. Duff, M.D. In his lawsuit, Terry alleged that Duff negligently performed sinus surgery upon him. The surgery was intended to relieve Terry's breathing difficulty.

We vacate the judgment of the district court for Douglas County and remand the cause for a new trial.

FACTS

In his March 7, 1990, petition, Terry alleged...

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