Mark Bowden v. Genie Industries (A Terex Brand) Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARK BOWDEN, No. 22-35680

Plaintiff-Appellee, D.C. No. 3:17-cv-01411-SI

v.

MEMORANDUM*

GENIE INDUSTRIES (A TEREX BRAND)

INC.,

Defendant-Appellant,

and

UNITED RENTALS (NORTH AMERICA)

INC.,

Defendant.

Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding

Argued and Submitted December 7, 2023 Portland, Oregon

Before: NGUYEN and MILLER, Circuit Judges, and MONTALVO,** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Frank Montalvo, United States District Judge for the Western District of Texas, sitting by designation. Genie Industries, Inc., (Genie) appeals from the district court’s judgment,

following a jury trial, in favor of Mark Bowden in this product-liability action. We

have jurisdiction under 28 U.S.C. § 1291, and we affirm.

1. Genie argues that the district…