DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121846P.pdf 07/24/2013 Gregory Warger v. Randy Shauers
U.S. Court of Appeals Case No: 12-1846
U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] [Bye, Author, with Wollman and Colloton, Circuit Judges]
Civil case - Torts. District court did not err in denying a mistrial when
defendant's counsel violated an order in limine as the violation was not
prejudicial, given the court's ruling sustaining plaintiff's objection,
its curative instruction and its reminder to the jury that if an objection
is sustained they must ignore the question and not try to guess what the
answer would have been; evidence was sufficient to support defendant's
verdict; Rule 606(b) precludes jurors from testifying in regards to jury
deliberation for purposes of challenging the verdict; district court did
not abuse its discretion by not allowing plaintiff's accident
reconstruction expert to testify as to whether either driver's conduct
violated South Dakota law.