Dotson v. Scotty's Contracting, Inc.

DAVID A. NELSON, Circuit Judge.

This is a personal injury case, brought in federal court on diversity grounds, in which the plaintiff appeals from a judgment entered on a verdict in favor of the defendants. Two questions are presented for our review: (1) whether the district court so plainly erred (to the plaintiffs prejudice) in a jury instruction regarding the defendants’ duty of care that the plaintiff must be granted a new trial notwithstanding the absence of a proper objection to the instruction; and (2) whether the district court was required either to declare a mistrial sua sponte or to…