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Bueling v. Swift5/5/1998
determined that if it allowed Dr. Schaffer to testify as to his review of David's records, the jury would likely confuse his testimony with that of an expert. We hold that the District Court did not abuse its discretion in finding that the minimal probative value of Dr. Schaffer's testimony was outweighed by the possibility of confusing or misleading the jury and prejudicing Drs. Anderson and Swift. Thus, we affirm the District Court's granting of the motion in limine prohibiting Dr. Schaffer from testifying.
28 Based on the foregoing, we reverse in part, affirm in part, and remand to the District Court for a new trial.
CHIEF JUSTICE TURNAGE, JUSTICES GRAY, NELSON, HUNT, REGNIER and TRIEWEILER concur.
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