Eugene Genchev v. Detroit Diesel Corp

MEMORANDUM

Eugene Genchev appeals the district court’s judgment following a jury trial. Genchev claims that the district court erred in failing to give a jury instruction that would have allowed the jury to award consequential damages under California Commercial Code § 2719(2) if it found that Detroit Diesel Corporation’s express warranties had failed their essential purpose. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“Harmless error review applies to jury instructions in civil cases.” Kennedy v. S. Cal. Edison Co., 268 F.3d 763 , 770 (9th Cir.2001) (citing Caballero v. City of Concord, 956 F.2d 204, 206 (9th Cir.1992) (“An error in instructing the jury in a civil case requires reversal unless the error is more probably than not harmless.”)).

Genchev argues that the district court erred in finding that the California Commercial Code did not apply to the transaction between Genchev and Detroit Diesel. However, we need not reach this argument as the failure to give this jury instruction, even if error, was harmless error as the jury ultimately found that-Detroit Diesel had not breached its express warranties.

The requested jury instruction would have allowed…