Morische v. U.S.

Ct. of Appeals found that plaintiffs (stroke victim and his wife) had forfeited their appeal of Dist. Ct. judgment finding in medical malpractice claim that plaintiffs had failed to show that defendant-VA hospital’s conduct was proximate cause of plaintiff’s stroke, where plaintiffs generated Dist. Ct. record that included transcript of only one of several witnesses in instant bench trial. Rule 10(b)(2) of Fed. Rules of Appellate Procedure requires that appellants include transcripts of all evidence relevant to Dist. Ct. finding or conclusion, and Ct. of Appeals was unable to address plaintiff’s sufficiency of evidence claim based on testimony of only one witness.