Dennis M. Knight, a Single Individual, Plaintiff-appellant, v. Bunn's True Value Hardware; Mitchell Bunn; Jane Doe Bunn,and the Marital Community Composed Thereof,defendants-appellees, 108 F.3d 338 (9th Cir. 1997)Annotate this Case
Before: BROWNING, RYMER, and T.G. NELSON, Circuit Judges
Knight was entitled to a premises liability instruction if his premises liability theory "has some foundation in the evidence." Del Madera Properties v. Rhodes & Gardner, Inc., 820 F.2d 973, 978 (9th Cir. 1987). Knight failed to fulfill his obligation to order a transcript of the evidence relevant to the district court's decision not to give a premises liability instruction. See Fed. R. App. P. 10(b) (2). This failure precludes us from determining whether Knight adduced evidence to support his premises liability theory. The appeal is therefore dismissed. See Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir. 1991) (per curiam).