BELLER v. CROW

No. S-06-872.

742 N.W.2d 230 (2007)

274 Neb. 603

Sheila K. BELLER, Appellant v. Debbie CROW et al., Appellees.

Supreme Court of Nebraska.

December 7, 2007.


Attorney(s) appearing for the Case

Gary D. McGuane, for appellant.

Patrick M. Flood and Emily L. Jung, of Hotz, Weaver, Flood, Breitkreutz & Grant, Omaha, for appellees Mount Michael Benedictine High School and Thomas Ridder.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

Plaintiff Sheila K. Beller appealed the district court's disqualification of her counsel, Gary D. McGuane. Upon a motion filed by two of the defendants, the court disqualified McGuane because he had firsthand knowledge about the facts and issues of the lawsuit, making his testimony at trial "essentially inevitable."

The main issue is whether the district court correctly disqualified McGuane, because...

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