Shayna Palmer v. Big Lots Stores, Incorporated

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:14-cv-00276-JRS Copies to all parties and the district court/agency. [999693590].. [15-1128]

Appeal: 15-1128

Doc: 56

Filed: 11/05/2015

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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-1128

Doc: 56

Filed: 11/05/2015

Pg: 2 of 2

PER CURIAM:
Shayna Palmer appeals the district court’s orders excluding
her expert witness and granting summary judgment to Big Lots
Stores,

Inc.

observations

Assuming,
of

without

Palmer’s

expert

deciding,

that

the

witness

should

factual

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).
oral

argument

adequately

Accordingly, we affirm.

because

presented

in

the
the

facts

and

materials

We dispense with

legal

contentions

are

before

this

and

court

argument would not aid the decisional process.
AFFIRMED

2