United States First Circuit

Judgment for defendants in a personal injury suit against a textile manufacturer is affirmed where: 1) there was no abuse of discretion in the trial court's determination that plaintiff had not laid an adequate foundation for the introduction of OSHA regulations; 2) the court was within its discretion in excluding expert testimony about the applicability of OSHA regulations to defendants; and 3) the court was justified in excluding testimony about industry customs and practices since plaintiff never clearly stated what customs and practices the expert would testify to, and the exclusion did not affect plaintiff's substantial rights.

Appellate Information

• Decided 12/04/2006
• Published 12/04/2006

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kathy Jo Cook, with whom Keches & Mallen, P.C. was on brief, for appellant.


• For Appellees:
  
• Michael A. Fitzhugh, with whom Barbara L. Horan and Fitzhugh, Parker & Alvaro, LLP were on brief, for appellees.