United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED April 13, 2023 No. 22-10415 Lyle W. Cayce Clerk Travis Heckman,

Plaintiff—Appellant,

versus

Raynols Gonzalez-Caballero; Cuba Transport, L.L.C.,

Defendants—Appellees.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:21-CV-161

Before Higginbotham, Smith, and Engelhardt, Circuit Judges. Patrick E. Higginbotham, Circuit Judge: A trucker collided with Travis Heckman on I-20. A jury found the trucker liable for the accident; while Heckman sought damages in the millions, citing medical bills, impact on earnings, and pain and suffering, the jury awarded $37,500. Heckman moved for a new trial or remittitur, citing defense counsel’s remarks at summation and a Batson violation. The trial court denied the motion. We AFFIRM. Case: 22-10415 Document: 00516710785 Page: 2 Date Filed: 04/13/2023

No. 22-10415

I. On March 7, 2019, Heckman’s car collided with an 18-wheeler, causing Heckman “to spin out into the center median striking the guardrail cables.” Raynols Gonzalez-Caballero was driving the 18-wheeler for Cuba Transport, LLC (collectively “Caballero”). 1 Several months after the collision, Heckman underwent a cervical fusion surgery on his neck and an ulnar nerve transposition surgery. On February 19, 2021, Heckman sued Caballero in the Northern District of Texas. By the Parties’ consent, District Judge Reed O’Connor reassigned the case to Magistrate Judge Hal Ray, and the case was set for jury trial. Three episodes of the trial give rise to Heckman’s claims: an in limine motion, voir dire, and defense counsel’s closing argument. Prior to trial, the trial court granted Heckman’s in limine motion, which prohibited: Any of the following or similar comments or references or inferences to same because such claims are irrelevant and prejudicial to Plaintiff: (1) reference that Plaintiff will or might be made “rich” because of this lawsuit; (2) reference that this lawsuit is a “lottery” ticket that Plaintiff is holding; (3) reference that Plaintiff has or might “benefit financially” from this lawsuit.

Two issues arose in voir dire. First, when defense counsel struck the only two Black members of venire, Heckman challenged the peremptory

1 The Parties jointly refer to Defendants-Appellees—the driver as well as the transportation company by which he is employed—as “Caballero.” For clarity, we adopt this convention as well.

2 Case: 22-10415 Document: 00516710785 Page: 3 Date Filed: 04/13/2023

No. 22-10415

strikes as a Batson violation. 2 Pursuant to Batson’s tripartite framework, the trial court first found that the strikes created a prima facie case of discrimination. The trial court then recounted defense counsel’s proffered reasons for the strikes, concluding that defense counsel had