Wegener’s symptoms, and her observation of the gallbladder at the time of its removal.
We conclude that the district court did not abuse its discretion in excluding the proposed testimony. In any event, any error in excluding it would have been harmless for the reasons detailed above with respect to the testimony’s relative lack of probative value. Therefore, we affirm the district court’s exclusion of Dr. Halbridge’s supplemental testimony.
B. Supplemental Jury Instructions
During deliberations, the jury requested that the district court clarify its instructions, asking, “Do we have to come to an unanimous decision or simple majority of one or more of the 5 claims set forth under instruction # 5 Part A. in order to move on to Part B #2.” Part A of Instruction No. 5 discussed five ways in which Wegener claimed Johnson was negligent. Part B discussed Wegener’s burden of proof and stated, in pertinent part, that Wegener must prove the following by a preponderance of the evidence:
• That Dr. Johnson was negligent as a professional in one or more of the ways set forth in section A of this Instruction;
• That Dr. Johnson’s professional negligence was the proximate cause of injury to Noah Wegener;
• That Noah Wegener sustained damages; and
• The nature and extent of those damages.
Part C of Instruction No. 5 stated, “If Angela Wegener has not met this burden of proof, then your verdict must be for Dr. Johnson. On the other hand, if Angela Wegener has met this burden of proof, then your verdict must be for Angela Weg-ener.” Instruction No. 11 discussed, inter alia, the requirement that “[t]he verdict must be unanimous.”
At a telephone conference with counsel for both parties, the district court proposed one of the following two responses: “Please reread Instructions No. 5 and No. 11,” or “It is your verdict that must be unanimous.” Counsel for Johnson requested that the district court give the former instruction; counsel for Wegener requested the latter. The district court directed the jury to reread Instructions No. 5 and 11.
Wegener argues that the district court erred by directing the jury to reread existing Instructions Nos. 5 and 11 instead of giving a supplemental instruction. We review for abuse of discretion a district court’s decision with respect to the amplification or supplementation of jury instructions. Jackson v. City of Little Rock, 26 F.3d 88, 91 (8th Cir.1994).
It is the district court’s duty to instruct the jury on the applicable law.
Thomlison v. City of Omaha, 63 F.3d 786, 790 (8th Cir.1995). If the jury “ ‘requests further instructions on the law applicable to an important issue, the trial judge is required to provide the jury with such supplemental instructions as may be necessary to guide it in the determination of the issue.’ ”
Swift v. R.H. Macy’s & Co., 780 F.2d 1358, 1361 (8th Cir.1985) (quoting
Walsh v. Miehle-Goss-Dexter, Inc., 378 F.2d 409, 415 (3d Cir.1967)). If the instructions that have been presented to the jury are accurate, the district court has broad discretion as to what supplementation, if any, is necessary.
United States v. Bayer, 331 U.S. 532, 536, 67 S.Ct. 1394, 91 L.Ed. 1654 (1947);
Victorian House, Inc. v. Fisher Camuto Corp., 769 F.2d 466, 470 (8th Cir.1985).
Wegener does not dispute that the instructions provided to the jury were accu