John Manley v. John Doe
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:10-cv-00154-D Copies to all parties and the district court/agency. [998957864].. [12-1286]
Appeal: 12-1286
Doc: 21
Filed: 10/12/2012
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1286
JOHN D. MANLEY; KAREN MANLEY,
Plaintiffs - Appellants,
v.
WENDY'S
INTERNATIONAL,
INC.;
CORPORATION, d/b/a Wendys,
FIRST
SUN
MANAGEMENT
Defendants – Appellees,
JOHN DOE,
Defendant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever III,
Chief District Judge. (7:10-cv-00154-D)
Submitted:
August 24, 2012
Decided:
October 12, 2012
Before KEENAN and THACKER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John M. Kirby, LAW OFFICES OF JOHN M. KIRBY, Raleigh, North
Carolina, for Appellants.
Regan S. Toups, CRANFILL SUMNER &
HARTZOG, LLP, Wilmington, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 12-1286
Doc: 21
Filed: 10/12/2012
Pg: 2 of 2
PER CURIAM:
John
Manley
appeals
the
district
court’s
grant
of
summary judgment in favor of Wendy’s International, Inc. and
First Sun Management Corporation, d/b/a Wendy’s, (collectively
Defendants) with respect to his claims under North Carolina law
for
breach
of
negligence.
district
implied
Karen
court’s
warranty
Manley,
grant
wife
of
of
summary
of
John
merchantability
and
Manley,
appeals
the
favor
of
judgment
in
Defendants with respect to her claim under North Carolina law
for loss of consortium.
Having carefully reviewed the briefs,
the record, and the relevant law, we affirm on the reasoning of
the
district
court,
as
stated
in
its
February
2,
2012
Manley v. Wendy’s Int’l, Inc., 849 F. Supp. 2d 594
order.
(E.D.N.C. 2012).
We dispense with oral argument because the facts and
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
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