NALDER v. WEST PARK HOSP.

No. 99-8081.

254 F.3d 1168 (2001)

Joseph E. NALDER and Michelle Nalder, individually and as parents and natural guardians for Blake A. Nalder, Plaintiffs-Appellants, v. WEST PARK HOSPITAL; Rand E. Flory, M.D.; Charles E. Jamieson, M.D., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 12, 2001.


Attorney(s) appearing for the Case

Roy A. Jacobson, Jr. (R. Daniel Fleck and Laura N. MacPherson with him on the briefs), Spence, Moriarity & Schuster, LLC, Jackson, Wyoming, for Plaintiffs-Appellants.

Michael K. Davis (Jay A. Gilbertz, Yonkee and Toner, Sheridan, Wyoming, Corinne E. Rutledge and Kevin C. Cook, Lathrop and Rutledge, P.C., Cheyenne, Wyoming, Robert M. Shively and Amy M. Taheri, Shively Law Offices, P.C., Casper, Wyoming, with him on the brief), Yonkee and Toner, Sheridan, Wyoming, for Defendants-Appellees.

Before BALDOCK, POLITZ, and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

Plaintiffs-appellants Joseph ("Blue") Nalder and Michelle Nalder brought an action against defendants-appellees West Park Hospital, Rand Flory, M.D., and Charles Jamieson, M.D., alleging medical malpractice after their son, Blake, suffered brain damage near the time of his birth. A twenty-day trial resulted in a verdict for defendants. Plaintiffs seek a new trial, claiming the district court erred by ordering plaintiffs to strike two expert...

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