Akkerman

Akkerman v. Mecta Corp.

Good Law
247 F. App'x 895
United States Court of Appeals for the Ninth CircuitAugust 23, 2007No. 05-56886California895 words

Opinion

Lead Opinion

MEMORANDUM **

In this products liability action, Atze Akkerman is suing MECTA Corporation for injuries allegedly sustained in December 1999 and January 2000 through electroconvulusive therapy (“ECT”) treatments administered by treating physicians using a device manufactured by MECTA. A jury returned a defense verdict. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. As a preliminary matter, Akkerman claims that the district court effectively precluded argument on objections by disallowing argument in front of the jury. We find that the district court’s requirement that counsel respond to objections during breaks, outside the presence of the jury, was not an abuse of discretion. See United States v. Galin, 222 F.3d 1123, 1126-27 (9th Cir.2000); United States v. Adames, 56 F.3d 737, 744 (7th Cir.1995).

2. Plaintiff challenges numerous mid-trial evidentiary rulings that excluded testimony as irrelevant. The majority of these rulings were correct. Over the course of a ten-day jury trial involving over twenty witnesses, inevitably a few *897 rulings will be erroneous. We find those that were did not result in prejudice, see Freeman v. Allstate Life Ins. Co., 258 F.3d 533,…

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