710 Fed.Appx. 594 (4th Cir. 2018), 17-1923, McCall for Estate of McCall v. Morant

Docket Nº:17-1923
Citation:710 Fed.Appx. 594
Opinion Judge:PER CURIAM
Party Name:Willie MCCALL, Administrator FOR the ESTATE OF Sandy Jamel MCCALL, Plaintiff-Appellant, v. Samuel MORANT, individually and in his official capacity as a law enforcement officer with the Hoke County Sheriff’s Department; Sheriff Hubert Peterkin, individually and in his official capacity as the Sheriff of Hoke County, Defendants-Appellees, and ...
Attorney:James H. Locus, Jr., Allen W. Rogers, LOCUS & ASSOCIATES, Fayetteville, North Carolina, for Appellant. Bradley O. Wood, WOMBLE BOND DICKINSON (U.S.) LLP, Winston-Salem, North Carolina, Norwood P. Blanchard, III, CROSSLEY MCINTOSH COLLIER HANLEY & EDES, P.L.L.C., Wilmington, North Carolina, for Ap...
Judge Panel:Before DUNCAN, AGEE, and THACKER, Circuit Judges.
Case Date:February 06, 2018
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 594

710 Fed.Appx. 594 (4th Cir. 2018)

Willie MCCALL, Administrator FOR the ESTATE OF Sandy Jamel MCCALL, Plaintiff-Appellant,

v.

Samuel MORANT, individually and in his official capacity as a law enforcement officer with the Hoke County Sheriff’s Department; Sheriff Hubert Peterkin, individually and in his official capacity as the Sheriff of Hoke County, Defendants-Appellees,

and

Hoke County, Defendant.

No. 17-1923

United States Court of Appeals, Fourth Circuit

February 6, 2018

UNPUBLISHED

Submitted: January 31, 2018

Editorial Note:

Unpublished opinions are not binding precedent in this circuit. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:16-cv-00141-CCE-JLW)

James H. Locus, Jr., Allen W. Rogers, LOCUS & ASSOCIATES, Fayetteville, North Carolina, for Appellant.

Bradley O. Wood, WOMBLE BOND DICKINSON (U.S.) LLP, Winston-Salem, North Carolina, Norwood P. Blanchard, III, CROSSLEY MCINTOSH COLLIER HANLEY & EDES, P.L.L.C., Wilmington, North Carolina, for Appellees.

Before DUNCAN, AGEE, and THACKER, Circuit Judges.

OPINION

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Page 595

Willie McCall, administrator for the estate of Sandy Jamel McCall, appeals the district court’s order granting Defendants’ motions for summary judgment and Defendants’ motion to strike Plaintiff’s expert affidavit. We affirm.

We first address the district court’s granting of Defendants’ motion to strike Plaintiff’s expert affidavit. We review a district court’s ruling on the admissibility of expert witness testimony for abuse of discretion. See

Bresler v. Wilmington Tr. Co., 855 F.3d 178, 189 (4th Cir. 2017). In this case, the experts affidavit was not disclosed to Defendants until it was filed in opposition to summary judgment— well after the expert disclosure deadline and the close of discovery. See Fed.R.Civ.P. 26(a)(2)(B). The affidavit contained opinions that were not included in the...

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