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.
091924P.pdf 07/06/2010 The Kneibert Clinic LLC v. Richard Smith, M.D.
U.S. Court of Appeals Case No: 09-1924
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Smith, Author, with Colloton, Circuit Judge, and
Kornmann, District Judge]
Civil case - Indemnification. Court would not review the district court's
denial of a summary judgment motion afer the matter had been tried to a
verdict; district court did not abuse its discretion by instructing the jury,
in accordance with Missouri precedent, that plaintiff owed a duty not to
materially increase the risk to, or prejudice the rights of defendants;
district court did not abuse its discretion by refusing to take judicial
notice of a state court judgment; district court did not abuse its discretion
by striking two prospective jurors who either expressed possible
prejudice against insurers or ad a doctor-patient relationship with the
plaintiff.