Epps v. Barajas CA4/1
Erik Barajas (Erik) and his sister, Stacy Barajas (Stacy), appeal from a judgment following jury verdicts awarding Leonard Epps over $4.5 million in compensatory damages against both of them and $1 million in punitive damages against each of them on his claims for assault, intentional infliction of emotional distress, and negligence per se. Erik and Stacy contend we must reverse the judgment because of faulty jury instructions on Epps's negligence per se claim, the retention of a juror who had prejudged the case, repeated misconduct by Epps and his counsel, and the admission of impermissible expert testimony on what a "green light" is and how it is effectuated. Stacy separately contends we must reverse the judgment as to her because the court prevented her from attending the trial in person notwithstanding her incarceration.
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