Ronald C. Franklin v. D'Amico Societa Di Navigazione S.P.A., an Italian Corporation

70 F.3d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald C. FRANKLIN, Plaintiff-Appellant, v. D'AMICO SOCIETA DI NAVIGAZIONE S.P.A., an Italian Corporation, Defendant-Appellee. No. 94-35508. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 20, 1995. Decided Nov. 3, 1995. Before: WALLACE, Chief Judge, D.W. NELSON and BRUNETTI, Circuit Judges. MEMORANDUM 1 Franklin appeals from the district court's denial of a motion for a new trial pursuant to Federal Rule of Civil Procedure 59. The district court had jurisdiction under 28 U.S.C. Sec. 1332 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 2 The denial of a motion for a new trial is reviewed for an abuse of discretion. Browning-Ferris Indus. of Vt. v. Kelco Disposal, 492 U.S. 257, 278 (1989). "[W]hen the motion is based on an alleged inconsistency in the jury verdict, the question is whether the verdict can be reconciled on any reasonable theory…