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HARTLEY BY AND THROUGH HARTLEY v. GUTHMANN

No. S-93-546.

532 N.W.2d 331 (1995)

248 Neb. 131

Benjamin HARTLEY, a Minor, By and Through his Mother and next Friend, Catherine HARTLEY, Appellee, v. Lanette M. GUTHMANN, M.D., and Physicians Clinic, P.C., Appellants.

Supreme Court of Nebraska.

June 2, 1995.

Attorney(s) appearing for the Case

William M. Lamson, Jr., and Raymond E. Walden, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellants.

Joseph B. Muller, of Law Office of Ronald J. Palagi, P.C., Omaha, for appellee.

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

FAHRNBRUCH, Justice.

Benjamin Hartley, a minor, by and through his mother and next friend unsuccessfully sued Lanette M. Guthmann, M.D., and Physicians Clinic, P.C., for permanent and severe brain damage and other personal injuries he allegedly sustained during his birth on January 11, 1988.

Based upon what it found to be juror misconduct, the district court for Douglas County granted Hartley's motion for new trial. Citing various reasons, Guthmann and Physicians...

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