United States Eighth Circuit

In a medical malpractice suit, judgment in favor of defendant-obstetrician is affirmed where: 1) the district court did not err in excluding supplemental testimony from plaintiff's medical expert which was not disclosed in a timely fashion; 2) any error in excluding the evidence would have been harmless in light of the lack of probative value in the testimony's insubstantial supportive role; and 3) the district court did not abuse its discretion in instructing the jury to reread instructions in the case rather than giving a supplemental instruction after the jury sent a question concerning unanimity of the verdict.

Appellate Information

• Decided 06/06/2008
• Published 06/06/2008

Judges

• WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• George Hamilton Moyer, argued, Madison, NE, for appellant.


• For Appellees:
  
• William R. Settles, argued, William M. Lamson, Jr. and Anastasia Wagner, on the brief, Omaha, NE, for appellee.