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WARGER v. SHAUERS

No. 12-1846.

721 F.3d 606 (2013)

Gregory P. WARGER, Plaintiff-Appellant v. Randy D. SHAUERS, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 24, 2013.

Attorney(s) appearing for the Case

Gary D. Jensen, argued, Rapid City, SD, for Appellant.

Steven C. Beardsley, Travis B. Jones, on the brief, Rapid City, SD, for Appellant.

Ronald R. Kappelman, argued Rapid City, SD, for Appellee.

Cassidy M. Stalley, Gregory G. Strommen, on the brief, Rapid City, SD, for Appellee.

Before WOLLMAN, BYE, and COLLOTON, Circuit Judges.

BYE, Circuit Judge.

Gregory Warger sued Randy Shauers to recover for injuries he sustained during a traffic accident. After a mistrial, the jury returned a verdict for Shauers. Warger subsequently moved for judgment as a matter of law, or, in the alternative, for a new trial. The district court1 denied his motion. On appeal, Warger contends the district court (1) erred by not granting a second mistrial after Shauers's counsel violated...

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