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O'NEILL v. WINDSHIRE-COPELAND ASSOCIATES

No. 02-1271.

372 F.3d 281 (2004)

Kaney F. O'NEILL, Plaintiff-Appellant, v. WINDSHIRE-COPELAND ASSOCIATES, LP; Robert Copeland; Hercules Real Estate Services, Incorporated, and Autumn Lakes Associates, Limited Partnership; SC Diamond Corporation; John Does 1 through 20, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 16, 2004.

Attorney(s) appearing for the Case

ARGUED: Earle Duncan Getchell, Jr., McGuirewoods, L.L.P., Richmond, Virginia, for Appellant. Steven Walter Bancroft, Trichilo, Bancroft, McGavin, Horvath & Judkins, P.C., Fairfax, Virginia, for Appellees. ON BRIEF: Amy M. Burden, McGuirewoods, L.L.P., Richmond, Virginia; Irwin M. Zalkin, Michael Zimmer, Zalkin & Zimmer, L.L.P., San Diego, California, for Appellant. Melissa H. Katz, Michael J. Carita, Trichilo, Bancroft, McGavin, Horvath & Judkins, P.C., Fairfax, Virginia; Frank K. Friedman, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, Virginia, for Appellees.

Before MICHAEL and KING, Circuit Judges, and Terry L. WOOTEN, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published per curiam opinion.

PER CURIAM:

Based on the jury's finding of contributory negligence, the district court entered judgment against Kaney F. O'Neill in her action to recover for debilitating injuries suffered in a fall at an apartment complex. O'Neill appeals, arguing first that the district court erred in submitting the contributory negligence issue to the jury. She also argues that the court erred in excluding the testimony of an expert...

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