Eccleston v. Chait

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. IE (rev. 1992), which…