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FALES v. BOOKS

No. S-95-934.

570 N.W.2d 841 (1997)

253 Neb. 491

Allen D. FALES, natural father and legal guardian and next friend of Colton W. Fales, Appellant, v. N. Leon BOOKS, M.D., Appellee.

Supreme Court of Nebraska.

December 12, 1997.

Attorney(s) appearing for the Case

Kent A. Schroeder and Vikki S. Stamm, of Ross, Schroeder, Brauer & Romatzke, Kearney, for appellant.

Daniel L. Lindstrom and Jeffrey H. Jacobsen, of Jacobsen, Orr, Nelson, Wright, Harder & Lindstrom, P.C., Kearney, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, and McCORMACK, JJ.

McCORMACK, Justice.

We granted appellee Dr. N. Leon Books' petition for further review in this malpractice action brought against him by Allen D. Fales on behalf of his infant son, Colton W. Fales, which alleged that Books was negligent in his use of forceps to assist during the delivery of Colton Fales. The Nebraska Court of Appeals reversed the jury verdict in favor of appellee, concluding that instruction No. 7, which included the "locality rule" that the standard...

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