DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051173P.pdf 02/03/2006 Dennis F. Smith v. Tenet HealthSystem
U.S. Court of Appeals Case No: 05-1173
Eastern District of Missouri
[PUBLISHED] [Gruender, Author, with Murphy and Bowman, Circuit Judges]
Civil case - medical malpractice. Challenge to limits on voir dire
rejected; admission of certain medical, psychiatric and Social Security
records was proper; jury instructions were an accurate statement of
Missouri law; no abuse of discretion in refusing to permit the filing of a
third amended complaint; district court did not err in granting defendants
judgment as a matter of law on claims hospital defendants caused
plaintiff's amputation by failing to comply with infection-control
policies, as there was no evidence that such a failure caused the
amputation; district court did not err in taxing costs in favor of defendant,
but the case is remanded for the limited purpose of reducing the costs
taxed for postage and delivery fees for depositions.