Dick v. Koski Prof. Group

<p>Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 10/30/2020 08:07 AM CDT - 599 - Nebraska Supreme Court Advance Sheets 307 Nebraska Reports DICK v. KOSKI PROF. GROUP Cite as 307 Neb. 599 Robert Dick, appellee and cross-appellant, v. Koski Professional Group, P.C., third-party plaintiff, appellant and cross-appellee, and Bland &amp; Associates, P.C., third-party defendant, appellee and cross-appellant. ___ N.W.2d ___ Filed October 30, 2020. No. S-19-132. 1. Judgments: Jury Trials: Pretrial Procedure: Appeal and Error. The allocation of peremptory challenges in a multi-party civil suit is left to the discretion of the trial court and will be reviewed for an abuse of discretion. 2. Judgments: Words and Phrases. A judicial abuse of discretion exists when a judge, within the effective limits of authorized judicial power, elects to act or refrain from acting, but the selected option results in a decision which is untenable and unfairly deprives a litigant of a substan- tial right or a just result in matters submitted for disposition through a judicial system. 3. Jury Instructions: Proof: Appeal and Error. To establish reversible error from a court’s failure to give a requested jury instruction, an appel- lant has the burden to show that (1) the tendered instruction is a correct statement of the law, (2) the tendered instruction was warranted by the evidence, and (3) the appellant was prejudiced by the court’s failure to give the requested instruction. 4. Jury Instructions: Pleadings: Appeal and Error. A party may not complain of the failure of the trial court to instruct on issues that are outside the scope of the pleadings. 5. Jury Instructions. Jury instructions must be read together; they must be read conjunctively, rather than separately in isolation. 6. Jury Instructions: Appeal and Error. If the jury instructions given, which are taken as a whole, correctly state the law, are not misleading, - 600 - Nebraska Supreme Court Advance Sheets 307 Nebraska Reports DICK v. KOSKI PROF. GROUP Cite as 307 Neb. 599 and adequately cover the issues submissible to a jury, there is no preju- dicial error concerning the instructions and necessitating a reversal. 7. Directed Verdict: Appeal and Error. When a motion for directed ver- dict made at the close of all the evidence is overruled by the trial court, appellate review is controlled by the rule that a directed verdict is proper only where reasonable minds cannot differ and can draw but one con- clusion from the evidence, and where the issues should be decided as a matter of law. 8. Pleadings: Appeal and Error. Permission to amend a pleading is addressed to the discretion of the trial court, and an appellate court will not disturb the trial court’s decision absent an abuse of discretion. 9. Juries. In Nebraska, the number of peremptory challenges allowable in civil actions is governed by case law and unwritten rules of court. 10. Juries: Parties. A party can exercise the peremptory challenge to remove a potential juror on the basis of that party’s belief that the juror’s status as ...</p><br>
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