Christine Caluyo v. DaVita, Inc.

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 5, 2014
• Docket: 13-2059
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-2059

CHRISTINE CALUYO,

Plaintiff - Appellant,

v.

DAVITA INC.; DAVITA RX LLC,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:13-cv-00497-CMH-TCB)

Submitted: April 17, 2014 Decided: May 5, 2014

Before KEENAN and FLOYD, Circuit Judges, and DAVIS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jason W. Fernandez, GREENBERG & BEDERMAN, LLP, Silver Spring, Maryland, for Appellant. Andrew Butz, Heather S. Deane, BONNER KIERNAN TREBACH & CROCIATA, LLP, Washington, D.C., for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Christine Caluyo appeals the district court’s order

dismissing her civil complaint. We have reviewed parties’

briefs and the record on appeal and find no reversible error.

Although Caluyo contends that she should benefit from the

continuing treatment rule to toll the statue of limitations, we

reject this contention because her negligence claim does not

relate to “a particular condition [that] was improperly treated

and diagnosed.” Grubbs v. Rawls, 369 S.E.2d 683, 686 (Va. 1988)

(quoting Fenton v. Danaceau, 255 S.E.2d 349, 350 (Va. 1979).

Accordingly, we affirm for the reasons stated by the district

court. Caluyo v. Davita Inc., No. 1:13-cv-00497-CMH-TCB (E.D.

Va. July 25, 2013). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before this Court and argument would not aid the

decisional process.

AFFIRMED