Gershman v. Washington Metropolitan Area Transit Authority
Docket: No. 05-7176
Court: Court of Appeals for the D.C. Circuit; November 27, 2006; Federal Appellate Court
The appeal from the United States District Court for the District of Columbia is affirmed. The district court acted within its discretion by denying the appellant's request for a deposition on short notice, as the testimony would have been cumulative (Fed. R. Evid. 403). Additionally, the court did not err in excluding the police report from evidence, referencing *United States v. Smith*, nor in excluding expert testimony deemed unhelpful to the trier of fact, as outlined in *Joy v. Bell Helicopter Textron, Inc.* The court also properly denied the appellant's motion to strike and the motion for a mistrial, supported by *United States v. McLendon*. The jury's ability to return a verdict on proximate cause without a negligence finding was also upheld, citing *Hall v. General Motors Corp.* and *Logsdon v. Baker*. There is no indication that the appellant was denied a fair trial, referencing *Liteky v. United States*. The disposition will not be published according to D.C. Circuit Rule 36, and the Clerk will withhold the mandate's issuance for seven days pending any timely petitions for rehearing or en banc review, as per Fed. R. App. P. 41(b) and D.C. Cir. Rule 41.