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123863P.pdf   06/04/2014  Dawn Lawrey  v.  Kearney Clinic, P.C.
   U.S. Court of Appeals Case No:  12-3863
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Bye, Author, with Bright and Smith, Circuit Judges] Civil case - Medical Malpractice. Because the order limiting the testimony of plaintiff's experts was the subject of a definitive motion in limine, plaintiff's counsel was not required to make an offer of proof at trial to preserve a claim of error on appeal, and the proper standard of review of the district court's order granting the motion in limine is abuse of discretion, not plain error; the district court did not abuse its discretion by granting the motion as the opinions offered by the experts did not fit the specific facts of the case; under the applicable medical guidelines, the risk factors present in the case did not require the defendant doctor to warn plaintiff about the possibility of permanent damage from a vaginal delivery; claims that comments made during defense counsel's closing argument required a new trial rejected.