Heckman v. Gonzalez-Caballero, No. 22-10415 (5th Cir. 2023)
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Plaintiff was struck by a truck driver on Interstate 20. A jury found the truck driver liable for the accident and, although Plaintiff cited millions of dollars in damages, the jury awarded him just $37,500. Plaintiff unsuccessfully moved for a new trial or remittitur on the basis of an alleged Batson violation and improper comments made by defense counsel during the closing argument.
The Fifth Circuit affirmed, explaining that the “jury verdicts on damages may be overturned only upon a clear showing of excessiveness or upon a showing that they were influenced by passion or prejudice.” Here, defense counsel’s repeated comments implying Plaintiff’s counsel was trying to obtain as large a damages award as possible may have been improper, but they do not warrant a new trial.
Additionally, the court rejected Plaintiff’s Batson claim, finding that defense counsel had a legitimate, nondiscriminatory reason for striking the jurors based on their belief that truck drivers should be held to a higher standard of care.
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