James N. Lucas and Anna B. Lucas, Plaintiffs-appellants, v. Lenwood Woolford, Defendant-appellee,andtheresa Marie Morrison, Leroy Montgomery, Jr., Defendants, 885 F.2d 865 (4th Cir. 1989)

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U.S. Court of Appeals for the Fourth Circuit - 885 F.2d 865 (4th Cir. 1989) Submitted Aug. 25, 1989. Decided Sept. 13, 1989

Glenn H. Carlson, Carlson, Cafferty & Ferris, P.C., on brief for appellants.

A. Douglas Owens, Rodger O. Robertson, Christopher R. VanRoden, Owens & Roberts, P.A., on brief for appellees.

Before PHILLIPS, MURNAGHAN, and WILKINS, Circuit Judges.


The Lucas' appeal from a judgment awarding James Lucas damages of $1,250.54 in an action against Woolford arising from an automobile accident. Claiming that various rulings by the district court prejudiced presentation of their case on the damages issue, they seek remand for a new trial on that issue. Specifically challenged are the exclusion of certain expert testimony, the entertainment of a belated in limine motion by defendant in violation of a pretrial scheduling order, and the refusal to give a requested instruction on Lucas' claimed susceptibility to injury.

We have considered the issues raised in the briefs and find the contentions of the appellants meritless. The district judge acted within the scope of his discretion on all of the challenged rulings, and in any event the rulings did not result in prejudice to the plaintiff's presentation of his case at trial. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.