John Varhol v. National Railroad Passenger Corporation, D/B/A Amtrak

John Varhol appeals from a jury verdict that awarded him what he considers to be grossly inadequate damages. Not surprisingly, Varhol’s main contention on appeal is that the damage award was too low. Preserving that issue for appeal, however, required Varhol to file a timely new trial motion in the district court. Hahn v. Becker, 588 F.2d 768, 772 (7th Cir.1979). Unfortunately Varhol served his new trial motion well after the ten-day limit Fed.R.Civ.P. 59 allows. Whether Varhol’s motion was timely, and thus whether Varhol has preserved his damages issue for appeal, depends on the status of…