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.

092010P.pdf   08/06/2010  Rozanna Csiszer  v.  Mary Wren
   U.S. Court of Appeals Case No:  09-2010
   U.S. District Court for the Western District of Arkansas - Harrison   
   [PUBLISHED] [Colloton, Author, with Bye and Gruender, Circuit Judges]
Civil case - torts. While the district court did clearly err in limiting the presentation of evidence related to damages based on Arkansas Code Sec. 16-55-212(b) (declared unconstitutional by the Supreme Court of Arkansas since the completion of the trial in this case), the error did not affect the plaintiffs' substantial rights because there is no reasonable probability, based on the extensive record in the case, that the jury's verdict on liability would have been different but for the defendants's statements in closing argument that plaintiffs had not met their burden of proof on the amount of damages; Arkansas Code Sec. 16-114-207(3) does not violate the plaintiffs' constitutional rights to a fair trial and to cross-examine witnesses; given the relatively narrow scope of the statute, the court concludes it is more likely that the Supreme Court of Arkansas would reject a separation-of-powers challenge to the statute; any error in applying the statute was harmless as plaintiff had an opportunity to cross- examine defendant Dr. Wren on the standard of care; no error in prohibiting plaintiffs' expert from offering opinion testimony concerning institutional negligence on the part of the hospital as the witness had repudiated the conclusions contained in a written report on the issue or, at a minimum, had not developed her conclusions to the point where she could provide a qualified expert opinion; challenges to jury selection and oversight rejected.