Ralph R. Sanchez and Marilyn B. Sanchez v. Safeway Stores, Inc., and James Edward Garrison

BREITENSTEIN, Circuit Judge.

This diversity case arises out of a New Mexico automobile-truck collision. The jury returned a verdict for the defendants.

Plaintiff-appellant Sanchez, with his wife as a passenger, was driving north on a 2-lane highway and the truck of defendant-appellee Safeway was going south. Two horses ran onto the road from the east. The truck braked, hit the second horse, and then jackknifed into the northbound traffic lane. The tractor collided with plaintiffs’ car.

The plaintiffs complain that the trial court erroneously refused to let them call an expert witness in…