By Daniel Wiessner

(Reuters) – A Black former Tesla (NASDAQ:) Inc manufacturing facility employee suing the electric-vehicle maker for race discrimination misplaced his bid for a mistrial on Friday after claiming the corporate’s legal professionals violated court docket guidelines by making an attempt to show jurors towards him.

Attorneys for plaintiff Owen Diaz filed a movement for a mistrial in San Francisco federal court docket shortly earlier than the beginning of the ultimate day in a week-long trial the place a jury is contemplating how a lot Tesla should pay to Diaz for subjecting him to racial slurs, threats and different incidents.

U.S. District Decide William Orrick denied the movement throughout a pretrial convention, saying Diaz had not proven that feedback by Tesla’s legal professionals had prejudiced the jury. Orrick additionally warned Diaz’s legal professionals towards making “advert hominem assaults” on the corporate’s authorized crew.

A distinct jury in 2021 discovered Tesla chargeable for discrimination, which Orrick had upheld whereas discovering that the $137 million the jury had awarded in damages was extreme.

Diaz rejected a lowered award of $15 million and opted for a brand new trial on damages. Orrick barred the introduction of any new proof or testimony on the retrial, which kicked off on Monday.

Diaz’s legal professionals on Friday stated Tesla’s authorized crew improperly questioned him and different witnesses throughout this week’s trial about alleged incidents the place Diaz known as a coworker a “dumb Mexican” and requested a feminine worker if she dated Black males.

Diaz denied making these feedback, and his legal professionals claimed that Tesla had violated Orrick’s order prohibiting new proof.

However Orrick agreed with Tesla’s legal professionals that the questioning of Diaz was correct as a result of his alleged feedback have been associated to incidents that have been mentioned throughout the 2021 trial.

The jury might render a verdict as quickly as Friday afternoon. Tesla is prone to problem any verdict awarding damages to Diaz.

Tesla has stated it doesn’t tolerate discrimination and takes complaints by staff significantly.