(DOWNLOAD) "Harry A. Eccleston v. David H. Chait" by Supreme Court of Nebraska ~ eBook PDF Kindle ePub Free
eBook details
- Title: Harry A. Eccleston v. David H. Chait
- Author : Supreme Court of Nebraska
- Release Date : January 04, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Harry A. Eccleston appeals from the judgment on a verdict for Dr. David H. Chait in a medical malpractice action based on
inadequacy of information for an informed consent to a stapedectomy. In his appeal, Eccleston claims that he is entitled to
a new trial as the result of misconduct during the jury's deliberations. Chait cross-appeals and contends that the district
court for Douglas County, pursuant to Chait's motion, should have directed a verdict for Chait at the Conclusion of all evidence
in the trial. Chait has asserted his cross-appeal under Neb. Ct. R. of Prac. 1E (rev. 1992), which states: "Cross-Appeal. The proper filing
of an appeal shall vest in an appellee the right to a cross-appeal against any other party to the appeal. The cross-appeal
need only be asserted in the appellee's brief as provided by rule 9D(4)." We note that in Atokad Ag. & Racing v. Governors
of Knts. of Ak-Sar-Ben, 237 Neb. 317, 325, 466 N.W.2d 73, 79 (1991), we state that a party "not aggrieved by judgment . .
. cannot appeal." See, also, Federal Dep. Ins. Corp. v. Swanson, 231 Neb. 148, 150, 435 N.W.2d 659, 660 (1989): "Only a party
aggrieved by an order or judgment can appeal; one who has been granted that which he or she sought has not been aggrieved."
In light of Rule 1E, the current rule allowing a cross-appeal, we overrule Atokad Ag. & Racing v. Governors of Knts.
of Ak-Sar-Ben, supra, and Federal Dep. Ins. Corp. v. Swanson, supra, insofar as those decisions, and any other similar decision
of this court, express the principle that only an aggrieved party can cross-appeal in an appeal otherwise perfected to the
Nebraska Supreme Court or the Nebraska Court of Appeals. Therefore, although Chait obtained a judgment on a verdict favorable
to him, he is allowed, nevertheless, to maintain a cross-appeal under the circumstances.
 "Harry A. Eccleston v. David H. Chait" by Supreme Court of Nebraska ~ eBook PDF Kindle ePub Free){kind=link}