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221375P.pdf 08/14/2023 Ian Wallace v. Pharma Medica Research, Inc.
U.S. Court of Appeals Case No: 22-1375
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kelly, Author, with Gruender and Grasz, Circuit Judges]
Civil case - Torts. In this action alleging plaintiff contracted an
illness after participating in blood draws in programs run by defendant,
the jury instructions on plaintiff's res ipsa loquitor claim were not
erroneous; plaintiff's argument that the testimony of defendant's experts
should have been stricken because defendant did not disclose it had sent
the witnesses certain documents for review before trial must be rejected
as the plaintiff could not show prejudice and the witnesses' testimony was
basically the same as the opinions they gave before seeing the items;
plaintiff could not show how a third witness's statement that defendant
did not test its employees for the disease because the testing was not
permitted under Missouri law prejudiced him or had any bearing on his res
ipsa claim.