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United States Fourth Circuit


Wilkins v. Montgomery, 13-1579

In an action for grossly negligent supervision, gross negligence under the Virginia Wrongful Death Act, and a 42 U.S.C. section 1983 claim for supervisory liability alleging that plaintiff's son was murdered by another patient at defendant-hospital, the district court's orders striking plaintiff's expert witness, denying her second motion to amend her complaint and granting summary judgment to defendant-assistant hospital director are affirmed, where: 1) the district court did not abuse its discretion in excluding plaintiff's expert as a sanction for violating a pre-trial order for disclosure; 2) the district court did not abuse its discretion in denying the motion to amend; and 3) plaintiff failed to meet her burden on summary judgment, so the district court did not err in granting defendant-assistant hospital director's summary judgment motion.

Appellate Information

  • Decided 05/05/2014
  • Published 05/05/2014

Judges

  • THACKER

Court

  • United States Fourth Circuit

Counsel

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