# Prendergast v. Nelson

> Nebraska Supreme Court · July 20, 1977 · 199 Neb. 97

URL: https://www.frixlaw.com/law-library/cases/9851251

## Case

- **Full name:** Richard A. Prendergast Et Al., Appellees, v. Earl Benjamin Nelson, Director of Insurance, State of Nebraska, Appellant, M. Berri Balka, Director of Insurance, Substitued for Earl Benjamin Nelson
- **Court:** Nebraska Supreme Court
- **Decided:** July 20, 1977
- **Citations:** 199 Neb. 97; 256 N.W.2d 657; 1977 Neb. LEXIS 759
- **Precedential status:** Published
- **Opinion:** Dissent by McCown
- **Judges:** White, Spencer, Boslaugh, McCown, Clinton, Brodkey, Thomas
- **Cited by:** 97 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9851251

## How later opinions describe it (automated extraction)

- noting that Neb. Rev. St. § 44-2840(4) states, "The claimant may affirmatively waive his or her right to a panel review, and in such case the claimant may proceed to file his or her action directly in court."
- holding that the Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. Sec. 44-2801 et seq. is constitutional.

## Opinion text

McCown, J.,
dissenting in part.
I concur generally in the dissent of Judge C. Thomas White except that I do not agree that there is any constitutional problem of standing in the posture of this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9851251. Public record. Not legal advice.