Brooks v. Carney

Nevada Supreme Court

Brooks v. Carney

Opinion

evidence for abuse of discretion, and . . . will not interfere with the district court's exercise of its discretion absent a showing of palpable abuse." M.C. Multi-Family Dev. v. Crestdale Assocs., 124 Nev. 901, 913, 193 P.3d 536, 544 (2008). The record on appeal does not support appellant's contention that the district court abused its discretion in requiring certain exhibits to be redacted or in limiting the evidence to be presented or the testimony of appellant's treating physicians. Further, the record on appeal does not show that appellant properly objected to any of the instructions given to the jury or that she filed written requests that the district court include certain instructions, and appellant has not indicated in her appeal statement which of the instructions she objects to or what instructions she sought that were denied. NRCP 51; Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981) (recognizing that arguments not presented to the district court are considered waived on appeal). As to appellant's arguments regarding any improper contact between respondent's counsel and a juror, the record on appeal shows that the juror at issue was dismissed and replaced by the alternate juror. Accordingly, as we perceive no abuse of discretion by the district court, we ORDER the judgment of the district court AFFIRMED.

Gibbons

--- -)1A-0 / . J. , J. Douglas

SUPREME COURT OF NEVADA 2 (0) 1947A • . cc: Hon. Kenneth C. Cory, District Judge Consita B. Brooks Samuel B. Benham Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A

Reference

Status
Unpublished