Michael Spurling v. Allstate Indemnity Company, 487 F. App'x 982

Fire at insured dwelling in January 2009; Spurling’s claim denied after investigation by Allstate.
Spurling sued Allstate for contract damages, bad-faith damages, sealing costs, and punitive damages; sought $75,090 compensatory and $100,000 punitive.
Jury found no arson or misrepresentation; but awarded only $1,148.50 for loss value.
Spurling moved for a new trial on damages; district court denied.
Spurling appeals the denial of the new-trial motion; standard of review is abuse of discretion.
Appellate review denied due to lack of trial transcript on appeal; record insufficient to reassess damages.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court abused its discretion by denying a new-trial motion on damages.	Spurling argues damages were against the weight of the evidence.	Allstate contends the record supports the verdict and the court did not err.	No; review barred by lack of transcript; cannot review damages on appeal.
Whether Spurling’s failure to provide a trial transcript bars review of the damages issue.	Spurling claims no transcript is needed due to conclusive disparity.	Transcript required to review sufficiency of damage award.	Yes; failure to provide transcript bars review.
What standard governs whether damages warrant a new trial in light of uncontradicted evidence.	Damages were unquestionably proven; disparity justifies new trial.	Damages must be substantially less than proven; without transcript cannot assess.	Standard requires substantial discrepancy with undisputed evidence; cannot assess without transcript.

Nolan v. Memphis City Sch., 589 F.3d 257 (6th Cir. 2009) (abuse-of-discretion standard for new-trial review)
Bell v. Johnson, 404 F.3d 997 (6th Cir. 2005) (new-trial for inadequate damages requires uncontradicted proof)
Hawley v. City of Cleveland, 24 F.3d 814 (6th Cir. 1994) (transcript required for appeal; Rule 10(b)(2) review standards)