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In plaintiff's suit against a driver of a tractor-trailer and the driver's employer arising from a traffic accident, summary judgment in favor of the driver's employer on a negligent-supervision-and-retention claim and jury's finding in favor of the driver on the underlying negligence claim is affirmed where: 1) although the district court abused its discretion in preventing plaintiff from pursuing a certain line of questioning of defendant's expert witness, the error was harmless; 2) district court's decision that a police report was trustworthy was reasonable or, at the very least, arguable, and thus not an abuse of discretion; and 3) the issue of whether the district court erred in addressing the negligent-supervision-and-retention claim is moot as there is no reversible error in the conduct of the trial and because the jury found that defendant-driver was not negligent.
Argued: October 13, 2009
Decided and Filed: November 30, 2009
Opinion by Circuit Judge Gilman
For Appellant: Donald L. Cox, Lynch Cox Gilman & Mahan, PSC.
For Appellee: Will H. Fulton, Dinsmore & Shohl