Fitz

Fitz v. RGIS Inventory Specialists

Good Law
45 F. App'x 747
United States Court of Appeals for the Ninth CircuitAugust 30, 2002No. 01-15676; D.C. No. CV-96-02034-DFL(PAN)California675 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Peggy Fitz appeals from an adverse jury verdict in her discrimination suit against her former employer, RGIS Inventory Specialists (“RGIS”) under California’s Fair Employment and Housing Act (“FEHA”). See Cal. Gov’t Code § 12940. She challenges a jury instruction relating to the employer’s duty in reaching a reasonable accommodation of Fitz’s disability. RGIS contends that Fitz waived the instructional issue. We affirm.

Fitz waived her challenge to the district court’s rejection of her proposed instruc *748 tion to the jury when her attorney failed to make an adequate objection. Rule 51 of the Federal Rules of Civil Procedure states: “No party may assign as error the giving or the failure to give an instruction unless that party objects thereto before the jury retires to consider its verdict, stating distinctly the matter objected to and the grounds of the objection.” In civil eases, failure to object to an instruction bars a challenge to that instruction on appeal. Voohries-Larson v. Cessna Aircraft Co., 241 F.3d 707, 713-14 (9th Cir.2001) (explaining that “there is no ‘plain error’ exception in civil cases in this circuit”).

Fitz contends…

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