Nadia Registe v. LinkAmerica Express, Inc.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-11417
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D.C. Docket No. 3:12-cv-01110-HES-JRK
NADIA REGISTE,
individually and as mother, next friend and, natural guardian
of and on behalf of her minor children N. and N. Toussaint,
Plaintiff–Appellant,
versus
LINKAMERICA EXPRESS, INC.,
Defendant–Appellee,
ODAAT TRUCKING, INC., et al.,
Defendants.
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Appeal from the United States District Court
for the Middle District of Florida
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(September 20, 2016)
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Before TJOFLAT and JULIE CARNES, Circuit Judges, and CONWAY,∗ District
Judge.
PER CURIAM:
A vehicle driven at night on an interstate highway by plaintiff Nadia Registe
was struck by a reckless driver, causing her to lose control of the vehicle. The
vehicle veered toward the right shoulder of the road, spun back across three lanes
of traffic, hit a guardrail, and ended up perpendicular to the flow of traffic, resting
across almost three lanes of the roadway. Thereafter, a truck owned by defendant
LinkAmerica Express, Inc. came upon the scene and collided into Registe’s
vehicle, causing injury to her and her minor daughter. Plaintiff sued Defendant for
negligence. Following a trial, the jury returned a verdict for Defendant, and the
district judge entered judgment accordingly.
In this appeal, Plaintiff raises four arguments. First, Plaintiff disputes the
district judge’s decision to exclude evidence of traffic data collected by a device
near the collision. Second, Plaintiff challenges the district judge’s refusal to give
several of Plaintiff’s proposed jury instructions. Third, Plaintiff challenges
Defendant’s closing argument, which included an argument that Defendant’s
driver faced an “emergency.” And fourth, Plaintiff disputes the district judge’s
decision to exclude from evidence a trucking manual discussed during trial.
∗ The Honorable Anne C. Conway, United States District Judge for the Middle District of
Florida, sitting by designation.
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After reviewing the parties’ briefs and the record, and with the benefit of
oral argument, we find no reversible error in the district court’s rulings.
AFFIRMED.
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