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.
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.