Daniel Jerden Catrina Jerden v. Paul G. Amstutz, M.D.

In this diversity case, Plaintiffs-Appellants Mr. Daniel and Ms. Catrina Jerden (“Plaintiffs”) brought a' claim of medical negligence against Defendant-Appellee Dr. Paul G. Amstutz (“Defendant”) after Defendant, a neurosurgeon, mistakenly diagnosed Mr. Jerden as having a brain tumor based partly on Defendant’s interpretation of magnetic resonance imaging (MRI) reports. Defendant conducted invasive and unwarranted-brain surgery on Mr. Jerden before the correct diagnosis of multiple sclerosis was made.

Plaintiffs appeal from the judgment entered against them after a jury trial resulted in a verdict for Defendant, contending that the district court committed reversible error warranting a new trial. Plaintiffs assert that there was reversible error based on: (1) the granting of Defendant’s motion for a limiting instruction to the testimony of Plaintiffs’ expert witness, Dr. Karl Gross, on the last day of trial; (2) the actual jury instruction limiting Dr. Gross’s testimony; (3) the testimony of Defendant’s witness, Mr. Don Bowser, relating to his opinion of the magnetic resonance angiogram (MRA) report; and (4) the district court’s denial of Plaintiffs’ motion for a new trial in…