Shayna Palmer v. Big Lots Stores, Inc.

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 5, 2015
• Docket: 15-1128
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-1128

SHAYNA PALMER,

Plaintiff - Appellant,

v.

BIG LOTS STORES, INC.,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Senior District Judge. (3:14-cv-00276-JRS)

Submitted: October 30, 2015 Decided: November 5, 2015

Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Kevin W. Mottley, MOTTLEY LAW FIRM PLC, Richmond, Virginia; David B. Holt, JOSEPH SMITH, LTD., Hampton, Virginia, for Appellant. J. Matthew Haynes, Jr., Michael H. Gladstone, Robert W. Partin, MCCANDLISH HOLTON, P.C., Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Shayna Palmer appeals the district court’s orders excluding

her expert witness and granting summary judgment to Big Lots

Stores, Inc. Assuming, without deciding, that the factual

observations of Palmer’s expert witness should have been

admitted, and having reviewed the parties’ briefs and the record

on appeal, we find no reversible error in the grant of summary

judgment because a jury would still have had to resort to

“conjecture, guess, or random judgment” to find liability on the

part of Big Lots. See Town of West Point v. Evans, 229 S.E. 2d

349, 351 (Va. 1983). Accordingly, we affirm. We dispense with

oral argument because the facts and legal contentions are

adequately presented in the materials before this court and

argument would not aid the decisional process.

AFFIRMED