Henderson v. Wilkie

In action alleging that defendant-employer failed to promote plaintiff-employee to investigator position on account of his race, Dist. Ct. did not abuse its discretion in precluding plaintiff from eliciting from witnesses information on topics that were not included in plaintiff’s responses to defendant’s interrogatories or information regarding any promotions or discipline that successful candidate experienced after date of his selection to investigator position. Plaintiff’s counsel told Dist. Ct. that he did not intend to ask witnesses about topics that exceeded scope of plaintiff’s responses to defendant’s interrogatories, and thus said representation constituted waiver of said issue on appeal. Also, Dist. Ct. could properly exclude post-selection evidence regarding discipline or promotion of successful candidate, since such testimony was not relevant to mindset of decision-maker and had potential to confuse jury in violation of Rule 403.