Drew-Huckins v. Engelman ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-1089
NOEL GUY DREW-HUCKINS, an infant by his
parents and natural guardians Melissa Drew-
Huckins and Michael Huckins; MELISSA DREW-
HUCKINS; MICHAEL HUCKINS, individually,
Plaintiffs - Appellants,
versus
OTIS E. ENGELMAN, JR., MD,
Defendant - Appellee,
and
NORTH TRIDENT REGIONAL HOSPITAL, INCORPORATED,
d/b/a Columbia Summerville Medical Center;
PALMETTO PRIMARY CARE PHYSICIANS, L.L.C.;
DORCHESTER FAMILY MEDICINE,
Defendants.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(CA-98-3216-2-18)
Submitted: October 10, 2000 Decided: November 13, 2000
Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Richard G. Wern, RICHARD G. WERN, P.A., Charleston, South Carolina,
for Appellants. Robert H. Hood, Barbara W. Showers, P. Gunnar
Nistad, HOOD LAW FIRM, L.L.C., Charleston, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
This is an appeal from the district court’s order after a jury
trial finding for the Defendant, Dr. Otis E. Engelman, Jr., M.D.,
in this medical negligence action. On appeal, Appellants allege
that the district court abused its discretion by declining to allow
into evidence certain remedial actions taken by Dr. Engelman fol-
lowing the incident at issue under Fed. R. Evid. 407. We do not
find that the district court abused its discretion by failing to
admit the evidence of the remedial actions or of the existence of
another legal action. See Malone v. Microdyne Corp., 26 F.3d 471,
480 (4th Cir. 1994). Accordingly, we affirm. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED
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