Terry Frazier sued Josue Alvarado and Stevens Transport in state court in 2021, alleging that Alvarado struck Frazier's parked tractor-trailer while backing into a parking spot. Frazier claimed he was asleep in the cab at the time, fell off his bunk, and suffered neck and back injuries. The defendants removed the case to federal court, admitting that Alvarado caused the accident and was acting within the scope of his employment, but disputing whether the negligence caused Frazier's specific injuries. A jury found that Frazier suffered damages but concluded that the defendants' negligence did not cause those damages. The district court entered judgment in favor of the defendants, and Frazier appealed pro se.
The Tenth Circuit addressed five issues raised by Frazier. First, regarding the claim that the defendants' negligence caused his injuries, the court noted that Frazier did not challenge the sufficiency of the evidence with a motion under Fed. R. Civ. P. 50(b). The court cited Unitherm Food Sys., Inc. v. Swift-Eckrich, Inc., stating that without such a motion, an appellate court lacks the power to direct the district court to enter judgment contrary to the jury's verdict. Second, Frazier argued ineffective assistance of counsel. The court rejected this, citing MacCuish v. United States, which holds that there is no constitutional right to effective assistance of counsel in civil cases. The court explained that the appropriate remedy for incompetent representation is a malpractice suit against the attorney, not a new trial. Third, Frazier claimed the district court erroneously admitted false photographic evidence. The court affirmed the ruling because Frazier failed to provide a trial transcript or adequately specify the evidence he believed was erroneously admitted. The court noted that the lack of a transcript creates an effective barrier to informed appellate review. Finally, Frazier alleged discriminatory treatment by counsel. The court found these assertions threadbare and conclusory, noting that pro se litigants must do more than make mere conclusory statements regarding constitutional claims without identifying specific improper actions in the record.
The judgment for the defendants stands, meaning Frazier receives no recovery for his alleged injuries. The decision reinforces the strict procedural requirement that parties must move for judgment as a matter of law to preserve sufficiency of evidence challenges. It also clarifies that civil litigants cannot appeal verdicts based on claims of their own counsel's incompetence, and that appellate review of evidentiary errors is impossible without a complete trial record.
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