Andreas

Andreas v. Wal-Mart Stores, Inc.

Good Law
36 F. App'x 597
United States Court of Appeals for the Ninth CircuitJune 10, 2002No. 00-35996; D.C. No. CV-99-01901-BJRCalifornia327 words

Opinion

Lead Opinion

MEMORANDUM **

Nellie Andreas (Andreas) appeals the district court’s judgment after entry of a jury verdict against her on all claims in a negligence action against Wal-Mart Stores (Wal-Mart). We have jurisdiction, and we affirm. Because the facts and procedural history are familiar to the parties, we do not recount them here.

Andreas appeals two evidentiary rulings by the district court. To reverse on the basis of an evidentiary ruling, we must conclude not only that the district court abused its discretion, but also that the error was prejudicial. See Freeman v. Allstate Life Ins. Co., 253 F.3d 533, 536 (9th Cir.2001). Prejudice means that, more probable than not, the district court’s error tainted the jury verdict. See Tenni-son v. Circus Circus Enters., Inc., 244 F.3d 684, 688 (9th Cir.2001).

Andreas claims it was error to admit evidence of negative business records without first requiring the proper foundation. Andreas fails, however, to demonstrate any resulting prejudice, even if the proper foundation were not laid. Accordingly, we hold that this issue does not merit reversal.

Andreas further asserts it was error to exclude evidence of subsequent remedial measures…

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