DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

032554P.pdf   07/08/2004  Robert E. Mattke  v.  Mayo Clinic
   U.S. Court of Appeals Case No:  03-2554
   District of Minnesota   
Civil case - Torts. 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; nor did the district court err in instructing the jury that conduct of defendant's pathologists could not form the basis for a determination that defendant was negligent, because no standard of care, or a departure from such standard, had been established with respect to the pathology department. [PUBLISHED] [Colloton, Author, with Wollman and M. Arnold]