Shayna Palmer v. Big Lots Stores, Inc.

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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