Cool v. Chic Wigs

*Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
February 26, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
No. 02-61064 c/w
No. 03-60103
CHARLES COOL,
as Executor of the Estate of Cathy Cool,
Plaintiff-Appellee,
versus
CHIC WIGS,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
(3:00-CV-251-BN)
Before SMITH, BARKSDALE, and CLEMENT, Circuit Judges.
PER CURIAM:*
For these consolidated appeals from the post-jury-trial
judgment and attorney’s fees awarded against it in this sexual
harassment action, Chic Wigs presents three issues. This action
was filed after the death of the Chic Wigs’ employee who claimed
such harassment.
First, Chic Wigs contests the admission of three items of
evidence — EEOC documents. The Chic Wigs employee had filed
charges with the EEOC; the documents concern those charges. Based

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upon the unusual procedural posture of this action, our review of
the record, and application of the proper standard of review, the
district court did not commit reversible error.
Second, Chic Wigs challenges the denial of its motion for a
mistrial based on statements in Cool’s closing argument about a
witness not being called by Chic Wigs. The district court found
there was no prejudice. This ruling was not an abuse of
discretion.
Third, Chic Wigs has appealed the award of attorney’s fees to
Cool. At oral argument for this appeal, however, Chic Wigs
conceded that, if the judgment were upheld, so too should the fees
order. Accordingly, because of our disposition of the other
issues, we need not address this issue.
AFFIRMED

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