Robert E. Mattke v. Mayo Clinic

COLLOTON, Circuit Judge.

Robert and Sherry Mattke appeal two decisions of the district court 1 in this diversity case arising out of alleged medical negligence. First, the Mattkes appeal the district court’s adverse grant of judgment as a matter of law on their claim based on the doctrine of res ipsa loquitur. Second, they appeal the district court’s jury instruction prohibiting the jury from basing a finding of negligence on the actions of Mayo Clinic’s pathology department. We affirm.

I

Appellant Robert Mattke was referred to Mayo Clinic in Rochester, Minnesota, by his family physician after…