Opinion
21-2374
06-01-2023
CHARLENE JANSON, Plaintiff-Appellee, v. REITHOFFER SHOWS, INC., Defendant-Appellant.
David A. Skomba, Miranda D. Russell, FRANKLIN &PROKOPIK, P.C., Baltimore, Maryland, for Appellant. Michael J. Winkelman, MCCARTHY, WINKELMAN, MESTER, OFFUTT, LLP, Lanham, Maryland, for Appellee.
UNPUBLISHED
Submitted: October 5, 2022
Appeal from the United States District Court for the District of Maryland, at Baltimore. Deborah Lynn Boardman, District Judge. (1:19-cv-00079-DLB)
ON BRIEF:
David A. Skomba, Miranda D. Russell, FRANKLIN &PROKOPIK, P.C., Baltimore, Maryland, for Appellant.
Michael J. Winkelman, MCCARTHY, WINKELMAN, MESTER, OFFUTT, LLP, Lanham, Maryland, for Appellee.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Before WYNN, DIAZ, and RUSHING, Circuit Judges.
PER CURIAM
Reithoffer Shows, Inc. appeals the district court's denial of its Rule 50 motions for judgment as a matter of law. The jury found that Reithoffer's negligence proximately caused Charlene Janson's injury. And although the jury also found Janson was contributorily negligent, it awarded her damages, finding that Reithoffer had the last clear chance to avoid her injury but failed to do so. Before the case was submitted to the jury, Reithoffer argued that there was insufficient evidence to submit the questions whether Reithoffer's negligence proximately caused Janson's injury and whether Reithoffer had the last clear chance to avoid the injury. After the district court entered judgment, Reithoffer renewed its motion on last-clear-chance grounds. The district court denied those motions.
We have reviewed the record and find no reversible error. Accordingly, for the reasons identified in the district court's decision, see Janson v. Reithoffer Shows, Inc., No. DLB-19-79, 2021 WL 5280894 (D. Md. Nov. 12, 2021), we affirm. And we dispense with oral argument because the facts and legal conclusions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED