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SCOTT v. SEARS, ROEBUCK & CO.

No. 84-2086.

789 F.2d 1052 (1986)

Margaret SCOTT, Appellee, v. SEARS, ROEBUCK & COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1986.

Attorney(s) appearing for the Case

William H. Lindsey (Robert E. Glenn, Glenn, Flippin, Feldmann & Darby, Roanoke, Va., on brief), for appellant.

W. Charles Waddell, III (Gentry, Locke, Rakes & Moore, Roanoke, Va., on brief), for appellee.

Before WIDENER and SPROUSE, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

This is a slip and fall case in the diversity jurisdiction. The question before us is whether the district court abused its discretion when, over the defendant's objection, it admitted the testimony of an expert in "ergonomics", i.e., a "human factors" expert.

We conclude that some of the admitted expert testimony was unduly prejudicial, and reverse.

I.

Margaret Scott, with visiting friends, went to...

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