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McGOWAN v. GILLENWATER

No. 14212.

429 F.2d 586 (1970)

Charles S. McGOWAN, as Administrator of the Estate of Mary Louise McGowan, deceased, Appellant, v. Thurston M. GILLENWATER and Terry L. Gillenwater, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 1970.

Attorney(s) appearing for the Case

Henry Hammer, Columbia, S. C. (Cromer & Louthian and Herbert M. Meeting, Columbia, S. C., on the brief), for appellant.

John W. Thomas, Columbia, S. C. (Wayne F. Rush and Roberts, Jennings & Thomas, Columbia, S. C., on the brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.

PER CURIAM:

The appellant seeks a new trial on the issue of damages in this personal injury case. With respect to the principal assignments of error, we affirm for the reasons stated in the district judge's opinion.

The appellant also contends that the district judge erred in striking the ad damnum clause of the complaint and in refusing to allow a per diem argument on the question of damages. We find the district judge did not abuse his discretion...

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