David E. Schroeder v. Norman E. Rouse

00-6002Court of Appeals for the Eighth Circuit28.04.2000

Gesamter Gesetzestext

*The Honorable James M. Rosenbaum, United States District Judge for the
District of Minnesota, sitting by designation.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 99-3839
___________
Marie Chapman, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Western
* District of Arkansas.
Western Arkansas Anesthesiology *
Associates, P.A.; Irene France, * [UNPUBLISHED]
*
Appellants. *
___________
Submitted: April 10, 2000
Filed: April 19, 2000
___________
Before McMILLIAN and FAGG, Circuit Judges, and ROSENBAUM,* District Judge.
___________
PER CURIAM.
Western Arkansas Anesthesiology Associates, P.A. and Irene France
(collectively the appellants) appeal the judgment of the district court entered on a jury
verdict holding them liable in Marie Chapman's medical malpractice action. After
careful consideration of the record and the parties' briefs, we conclude the district court
correctly rejected the appellants' claim that the testimony of Chapman's medical expert

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should have been excluded because the expert was not familiar with the standard of
care for a certified registered nurse anesthetist in the Fort Smith, Arkansas, locality in
which the appellants practice or a similar community. We also conclude that an
extensive discussion would serve no useful precedential purpose in this diversity-based
case. Having concluded the district court's ruling is correct, we thus affirm the
judgment of the district court. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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