Filed: May 01, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-30900 Document: 00514938847 Page: 1 Date Filed: 05/01/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-30900 May 1, 2019 Summary Calendar Lyle W. Cayce Clerk SHAMBRIA NECOLE SMITH, Plaintiff - Appellant v. KANSA TECHNOLOGY, L.L.C., Defendant - Appellee Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:16-CV-16597 Before JONES, HIGGINSON, and OLDHAM Circuit Judges. PER CU
Summary: Case: 18-30900 Document: 00514938847 Page: 1 Date Filed: 05/01/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-30900 May 1, 2019 Summary Calendar Lyle W. Cayce Clerk SHAMBRIA NECOLE SMITH, Plaintiff - Appellant v. KANSA TECHNOLOGY, L.L.C., Defendant - Appellee Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:16-CV-16597 Before JONES, HIGGINSON, and OLDHAM Circuit Judges. PER CUR..
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Case: 18-30900 Document: 00514938847 Page: 1 Date Filed: 05/01/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-30900 May 1, 2019
Summary Calendar Lyle W. Cayce
Clerk
SHAMBRIA NECOLE SMITH,
Plaintiff - Appellant
v.
KANSA TECHNOLOGY, L.L.C.,
Defendant - Appellee
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:16-CV-16597
Before JONES, HIGGINSON, and OLDHAM Circuit Judges.
PER CURIAM:*
While working for the Hammond Daily Star Publishing Company, Inc.
(“Hammond Daily Star”), Appellant Shambria Smith was involved in a
machinery accident where she lost a portion of her left “pinky” finger. Smith
claims that she lost her finger while operating the Kansa 480 Newspaper
Inserter (“Kansa Inserter”). She sued both Hammond Daily Star and Kansa
Technology, LLC (“Kansa”), alleging—among other things—that the Kansa
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 18-30900 Document: 00514938847 Page: 2 Date Filed: 05/01/2019
No. 18-30900
Inserter was unreasonably dangerous due to a design defect and inadequate
warnings. The district court dismissed the claims against Hammond Daily
Star based on tort immunity under Louisiana’s Workers’ Compensation Act.
The claims against Kansa proceeded to a jury trial, which resulted in a verdict
for Kansa and a final judgment dismissing Smith’s claims.
Thereafter, Smith filed a Motion for Leave to Interview Jurors, claiming
that juror interviews were needed to discover potential jury taint. Smith also
filed a Motion for Relief under Federal Rule of Civil Procedure 60(b),
challenging the jury verdict. The district court denied both motions. Smith
now appeals.
This court reviews the denial of a Motion for Leave to Interview Jurors
and the denial of a Motion for Relief under Rule 60(b) for abuse of discretion.
See United States v. Booker,
334 F.3d 406, 416 (5th Cir. 2003) (Motion for Leave
to Interview Jurors); Flowers v. S. Reg’l Physician Servs., Inc.,
286 F.3d 798,
800 (5th Cir. 2002) (Rule 60(b) Motion). Having carefully reviewed the briefing
and pertinent portions of the record, we conclude that the district court did not
abuse its discretion. Therefore, the district court’s orders denying Smith’s
Motion for Leave to Interview Jurors and Smith’s Rule 60(b) Motion are
AFFIRMED for essentially the same reasons articulated by that court.
2