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Keywords

litigationappealtrialverdicttestimonymotioncivil procedure

trialtestimonymotioncivil procedure

Related Cases

Molski v. M.J. Cable, Inc., 481 F.3d 724, 19 A.D. Cases 175, 34 NDLR P 153, 07 Cal. Daily Op. Serv. 3058, 2007 Daily Journal D.A.R. 3911

Facts

Jarek Molski, who is paraplegic, visited Cable's Restaurant and encountered numerous architectural barriers that impeded his access to the restroom. Despite providing uncontradicted evidence of these violations, the jury returned a verdict for the restaurant. The District Court denied Molski's motion for a new trial, suggesting the jury may have viewed Molski as a 'business' rather than an 'individual' entitled to protections under the ADA.

Molski is a paraplegic who has been confined to a wheelchair since a motorcycle accident paralyzed him at the age of 18.

Issue

Did the District Court abuse its discretion in denying Molski's motion for a new trial after the jury's verdict in favor of the restaurant?

The issue in this case is whether the District Court abused its discretion when it denied Molski's motion for a new trial.

Rule

The court reviews a district court's denial of a motion for a new trial under Federal Rule of Civil Procedure 59(a) for an abuse of discretion, particularly when the motion is based on the assertion that the jury's verdict was against the clear weight of the evidence.

We review a district court's denial of a motion for a new trial under Federal Rule of Civil Procedure 59(a) for an abuse of discretion.

Analysis

The Court of Appeals found that the jury's verdict was against the clear weight of the evidence, as Molski and the inspection expert provided substantial testimony regarding the numerous architectural barriers present at Cable's Restaurant. The District Court's reasoning that Molski was not an 'individual' under the ADA was deemed unreasonable and legally flawed, as the ADA protects individuals with disabilities regardless of their litigation history.

The jury's determination, in response to the threshold question, that Cable's had not failed to identify and remove barriers was against the clear weight of the evidence, given the undisputed testimony from both Molski and Dalkas.

Conclusion

The Court of Appeals reversed the District Court's denial of Molski's motion for a new trial, vacated the judgment against him, and remanded the case for a new trial.

Accordingly, the District Court abused its discretion in denying Molski's motion for a new trial.

Who won?

Jarek Molski prevailed in the appeal as the Court of Appeals found that the District Court had abused its discretion in denying his motion for a new trial.

Molski did not need to have been a client or customer of Cable's to be an 'individual' entitled to the protections of Title III.

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