Price v. Natl RR Psngr Corp

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50420
Summary Calendar
WILLIAM PRICE,
Plaintiff-Appellant,
versus
NATIONAL RAILROAD PASSENGER CORPORATION, doing
business as Amtrak; CENTRAL TEXAS REFUSE INC,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-00-CV-304-SS
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February 19, 2002
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
William Price appeals the jury’s damages award in his
negligence action against National Railroad Passenger Corporation
and Central Texas Refuse, Inc. Price argues that the district
court abused its discretion in denying his motion for a new trial.
Price contends that the damages amount was inadequate and was
motivated by racism.
In reviewing whether the district court abused its discretion
in denying a motion for new trial because of inadequate damages,
this court reviews whether there is an absolute absence of evidence
*
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this opinion should not be published and is not precedent except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.
No. 01-50420
-2-
to support the jury’s verdict. See Hidden Oaks Ltd. v. City of
Austin, 138 F.3d 1036, 1051 (5th Cir. 1998).
After reviewing the briefs and pertinent record we find that
the evidence presented at Price’s trial supported the jury’s award
of damages; therefore the district court did not abuse its
discretion in denying Price’s motion for a new trial. Shows v.
Jamison Bedding, Inc., 671 F.2d 927, 934 (5th Cir. 1982); see also
Young v. City of New Orleans, 751 F.2d 794, 798-99 (5th Cir. 1985).
Price’s contention that the jury’s award of damages was
motivated by racism will not be addressed because Price did not
raise the argument in the district court, nor has Price adequately
briefed the argument on appeal. Yohey v. Collins, 985 F.2d 222,
224-25 (5th Cir. 1993).
For the foregoing reasons the ruling of the district court is
AFFIRMED.