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BAIR v. CALLAHAN

No. 11-1593.

664 F.3d 1225 (2012)

Robin BAIR; Francis Zephier, Appellants, v. Robert A. CALLAHAN, M.D., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 6, 2012.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. , argued, Sioux Falls, SD, Scott N. Heidepriem , Pamela R. Bollweg , Sioux Falls, SD, John P. Blackburn , Yankton, SD, on the brief, for appellant.

Jeffrey L. Bratkiewicz , argued, Kathryn J. Hoskins , on the brief, Sioux Falls, SD, for appellee.

Before RILEY, Chief Judge, SHEPHERD, Circuit Judge, and MAGNUSON, District Judge.

RILEY, Chief Judge.

Robert A. Callahan, M.D., performed an unsuccessful spinal fusion surgery on Robin Bair. Bair and Francis Zephier, Bair's wife, (collectively, appellants) sued Callahan for negligence and loss of consortium. After the jury found in favor of Callahan, the appellants moved for a new trial, arguing (1) the district court2 abused its discretion by excluding evidence concerning Callahan's treatment of other patients; and...

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