UNPUBLISHED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 Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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).

2 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.,

(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

3