Car Crash Case Illustrates Motion for New Trial Review

While the Fifth Circuit rarely addresses a “rear-ender” car crash case, it did so deftly in Fair v.Allen, No. 11-30467 (Feb. 3, 2012), in which the appellant sought reversal of a $38,000 judgment.  With no Daubert issue presented, the Court reviewed the conflicting testimony of medical experts and found it sufficient — under both Louisiana state law and the Federal Rules — to support the verdict and judgment.  The specific issues are unlikely to recur soon, but the framework of the opinion is a good illustration of a basic sufficiency review.