Randell L. Halvorsen v. Montana Rail Link, Inc., a Montana Corporation
Opinion
Opinion
24 F.3d 246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Randell L. HALVORSEN, Plaintiff-Appellant, v. MONTANA RAIL LINK, INC., a Montana Corporation, Defendant-Appellee. No. 92-37026. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1994. Decided May 5, 1994. Before: WRIGHT, SCHROEDER, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Randell Halvorsen appeals the district court's denial of his motion for a new trial. We review such a denial for abuse of discretion. United States v. 99.66 Acres of Land, 970 F.2d 651, 658 (9th Cir.1992). Halvorsen argues that the district court did abuse its discretion because the jury verdict, which found in his favor but awarded him no damages in his negligence action against the railroad, was clearly contrary to the weight of the evidence. 3 The district court held that Halvorsen failed properly to preserve his objection. Our decision in Philippine Nat'l Oil Co. v. Garrett Corp., 724 F.2d 803 , 806 (9th…