Mills v. Sanders

Filing 920070309

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-1536

PATRICIA B. MILLS, Administrator of the Estate of Brian Lee Mills, Decedent, Plaintiff - Appellant, versus TERRANCE D. SANDERS; CARRIERS, INCORPORATED, SCHNEIDER NATIONAL Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, Senior District Judge. (4:05-cv-00059-JLK)

Submitted:

February 12, 2007

Decided:

March 9, 2007

Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jean M. McKeen, TOMLIN & MCKEEN, Chester, Virginia, for Appellant. Eric S. Jensen, Monica A. Walker, JENSEN & ASSOCIATES, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Appellant Patricia B. Mills, as administrator of the estate of her son, Brian Mills, and on behalf of his estate, brought a wrongful death action under Virginia law against

Appellees Terrance D. Sanders and Schneider National Carriers, Inc. Mills asserted Sanders' negligent operation of his tractor-trailer caused it to veer from the highway and kill Brian, who was walking down the side of the road. The district court granted summary

judgment in favor of Appellees, and Mills appealed. We review the granting of summary judgment de novo. Higgins v. E.I. DuPont de Nemours & Co., 863 F.2d 1162, 1167 (4th Cir. 1988). error. We have reviewed the record, and find no reversible

We therefore affirm the district court's order for the

reasons stated in its memorandum opinion. See Mills v. Sanders and Schneider Nat'l Carriers, No. 4:05-cv-00059-JLK (W.D. Va. Mar. 24, 2006). 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

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