Mooney v. Gordon Memorial Hospital District

Summary

The Supreme Court of Nebraska held that a plaintiff who knew of alleged judicial misconduct during a bench trial but failed to object, move for recusal, or seek a mistrial before submission of the case could not obtain a new trial based on that conduct after an adverse judgment. Applying the rule against silently tolerating an error and then asserting it after an unfavorable result, the court reversed the order granting a new trial and remanded with directions to reinstate the original judgment of dismissal.

Holdings

1. A party may not remain silent about alleged judicial misconduct, gamble on a favorable result, and then seek a new trial after an adverse judgment; the objection or motion must be made before the case is submitted for disposition.
2. A trial judge should recuse when a reasonable person who knew the circumstances would question the judge's impartiality under an objective standard of reasonableness, but the record here did not satisfy that standard.

Questions Presented

1. Whether the district court abused its discretion by granting a motion for new trial based on alleged judicial misconduct that was known during trial but was not timely raised.
2. Whether a party in a bench trial must timely object to alleged judicial misconduct or move for recusal before submitting the case for disposition.
3. Whether the appellate court needed to reach Gordon's remaining assignments of error after determining that the motion for new trial was untimely.

Disposition

reversed_and_remanded