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.
102734P.pdf 07/07/2011 Manley Stowell v. Paul Huddleston, M.D.
U.S. Court of Appeals Case No: 10-2734
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Arnold, Author, with Smith and Shepherd, Circuit Judges]
Civil case - Torts. District court did not abuse its discretion by finding
that plaintiff's medical expert was not qualified as he had no practical
experience or knowledge of what is usually and customarily done by
orthopedic surgeons in circumstances presented in plaintiff's case; nor did
the court abuse its discretion by concluding that the expert could not cure
this deficiency by relying on outside sources of information, such as
medical journals and statistics; claim that plaintiff did not need to present
expert testimony to establish a prima facie case under Minnesota law is
rejected as plaintiff had to produce expert testimony to establish that the
risk of blindness was one that the defendant had a duty to disclose.