United States Eighth Circuit

In action for medical malpractice involving misdiagnosis of a lung condition, the district court did not err in granting defendant's motion for judgment as a matter of law on plaintiffs' res ipsa loquitur claim after finding plaintiffs had failed to present evidence that cellular floaters, which led to the error, generally do not occur absent negligence.

Appellate Information

• Decided 07/08/2004
• Published 07/08/2004

Judges

• COLLOTON, Circuit Judge., Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Andrew B. Howie, argued, Des Moines, IA (Ryan E. Weese, on the brief), for appellant.


• For Appellees:
  
• Paul B. Klass, argued, Minneapolis, MN (Gillian Brennan, on the brief), for appellee.