Hynes v. Good Samaritan Hosp.
285 Neb. 985
| Neb. | 2013Background
- Hynes filed a workers’ compensation claim after April 2008 injuries at Good Samaritan Hospital.
- The Workers’ Compensation Court awarded benefits; Good Samaritan appealed timely.
- During record preparation, court reporter could not transcribe five witnesses’ testimony due to equipment failure.
- The bill of exceptions filed on appeal included only partial testimony and exhibits.
- The appellate record is incomplete through no fault of the parties, preventing meaningful review.
- The court vacated the award and remanded for a new trial due to missing testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appellate record complete? | Hynes contends the record is sufficient. | Good Samaritan argues the record is incomplete for review. | Record incomplete; remand required. |
| Does missing testimony prevent meaningful appellate review? | Record defects do not bar review. | Missing testimony prevents meaningful review. | Yes, remand for new trial required to enable review. |
| Should the judgment be vacated and remanded due to record deficiencies? | No, the award should stand based on existing evidence. | Judgment should be vacated and remanded. | Judgment vacated and remanded for a new trial. |
Key Cases Cited
- Visoso v. Cargill Meat Solutions, 826 N.W.2d 845 (Neb. 2013) (record deficiencies require remand when testimony is lost)
- VanKirk v. Central Community College, 826 N.W.2d 277 (Neb. 2013) (adverse party’s record issues affect review)
- Pearson v. Archer-Daniels-Midland Milling Co., 828 N.W.2d 154 (Neb. 2013) (necessity of complete bill of exceptions for review)
- Lovelace v. City of Lincoln, 809 N.W.2d 505 (Neb. 2012) (procedural deficiencies and review standards)
- Richmond v. Case, 647 N.W.2d 90 (Neb. 2002) (meaningful appellate review requires a complete record)
- Huddleson v. Abramson, 561 N.W.2d 580 (Neb. 1997) (constraints on appellate review when record deficient)
- Latenser v. Intercessors of the Lamb, Inc., 513 N.W.2d 281 (Neb. 1994) (record completeness and review implications)
- State v. Slezak, 430 N.W.2d 533 (Neb. 1988) (general appellate review standards)
- State v. Benson, 260 N.W.2d 208 (Neb. 1977) (foundational appellate review principles)
- J.B. Contracting Servs. v. Universal Surety Co., 624 N.W.2d 13 (Neb. 2001) (evidence-based review in appeals)