Banks v. Food Lion, LLC

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 22, 2002
• Docket: 02-1508
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-1508

PRISCILLA A. BANKS, formerly known as Priscilla A. Green,

Plaintiff - Appellant,

versus

FOOD LION, LLC,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Tommy E. Miller, Magistrate Judge. (CA-01-841-2)

Submitted: November 5, 2002 Decided: November 22, 2002

Before WILKINS, WILLIAMS, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Simon H. Scott, III, SAMS & SCOTT, P.C., Norfolk, Virginia, for Appellant. Robert W. McFarland, Bryan K. Meals, MCGUIRE WOODS, L.L.P., Norfolk, Virginia; William H. Baxter II, MCGUIRE WOODS, L.L.P., Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Priscilla A. Banks appeals from the magistrate judge’s order*

granting summary judgment for Food Lion in Banks’ personal injury

action. We have reviewed the briefs, the joint appendix, and the

magistrate judge’s order and find that the magistrate judge

properly granted summary judgment in favor of Food Lion. See Grim

v. Rahe, 434 S.E.2d 888 (Va. 1993); Colonial Stores, Inc. v.

Pulley, 125 S.E.2d 188 (Va. 1962). Accordingly, we affirm. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED

* Pursuant to 28 U.S.C. § 636 (2000), the parties consented to the jurisdiction of the magistrate judge.