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McDONALD v. MILLER

No. S-92-1015.

518 N.W.2d 80 (1994)

246 Neb. 144

Julie A. McDONALD, Appellee, v. Cheryl MILLER, Appellant.

Supreme Court of Nebraska.

June 10, 1994.

Attorney(s) appearing for the Case

Alan L. Plessman, Lincoln, for appellant.

Gordon R. Hauptman and Matthew A. Lathrop, Hauptman, O'Brien, Wolf & Lathrop, P.C., Omaha, for appellee.

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

WRIGHT, Justice.

Julie A. McDonald sued Cheryl Miller for injuries sustained by McDonald in a boating accident on July 4, 1989. A jury awarded McDonald $73,000, and Miller appeals. We affirm.

SCOPE OF REVIEW

In all proceedings where the Nebraska Evidence Rules apply, admissibility of evidence is controlled by the Nebraska Evidence Rules, not by judicial discretion, except in those instances under the Nebraska Evidence Rules when judicial discretion...

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