Legal Opinion

Jones v. Malloy

Nebraska Supreme Court

Decided September 25, 1987No. 85-791PublishedCited by 20 opinions

1Opinion of the CourtWhite, J.

The plaintiff, Imogene Jones, appeals from the verdict in favor of the defendant, James Jeffrey Malloy, D.C. Her petition alleged two causes of action: first, that Dr. Malloy performed a chiropractic manipulation on her without her consent (battery); and second, that Dr. Malloy negligently failed to inform or explain the risks of the procedure he performed upon her, resulting in a lack of informed consent. Dr. Malloy moved for and was granted a directed verdict on the battery issue, and the jury decided against the plaintiff on the informed consent issue.

Jones asserts on appeal that the trial…

2Cases cited9 opinions

  1. Trogun v. FruchtmanWisconsin Supreme Court · 1973
  2. Roberson v. CounselmanSupreme Court of Kansas · 1984
  3. Bakewell v. KahleMontana Supreme Court · 1951
  4. Marshall v. Radiology Associates, P.C.Nebraska Supreme Court · 1987
  5. Smith v. WeaverNebraska Supreme Court · 1987

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3Cited by20 opinions

  1. E3 Biofuels, LLC v. Biothane, LLCCourt of Appeals for the Eighth Circuit · 2015
  2. Giese v. SticeNebraska Supreme Court · 1997
  3. St. Paul Fire & Marine Insurance v. Touche Ross & Co.Nebraska Supreme Court · 1993
  4. Flynn v. BauschNebraska Supreme Court · 1991
  5. Turek v. Saint Elizabeth Community Health CenterNebraska Supreme Court · 1992

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