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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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