Loretta J. Zimmer, Administratrix for the Estate of Gary E. Zimmer v. Miller Trucking Co., Inc. Dean Leroy Crestwell and J & M 78/1 Limited

McMILLIAN, Circuit Judge.

Loretta Zimmer, administratrix for the estate of Gary Zimmer, appeals from a final judgment entered in the District Court for the Southern District of Iowa upon a jury verdict in a wrongful death action in favor of Miller Trucking Co., Dean Leroy Crestwell, and J & M 78/1, Ltd. For reversal appellant argues that the district court erred in (1) granting ap-pellees’ motion in limine to exclude references to portions of Officer Baudler’s accident report and (2) submitting the question of appellees’ negligence to the jury by giving an instruction on legal excuse. For the…