Raimundo Lugo v. US

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:11-cv-00416-BO. Copies to all parties and the district court/agency. [999121473]. [12-2401]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-2401

RAIMUNDO LUGO,
Plaintiff - Appellant,
v.
THE UNITED STATES OF AMERICA,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:11-cv-00416-BO)

Submitted:

May 30, 2013

Decided:

June 4, 2013

Before SHEDD, DIAZ, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Coy E. Brewer, Jr., COY E. BREWER, JR., ATTORNEY AT LAW, PLLC,
Fayetteville, North Carolina, for Appellant.
Thomas G. Walker,
United States Attorney, Jennifer P. May-Parker, Shalika K. Shah,
Assistant United States Attorneys, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Raimundo

Lugo

appeals

the

district

court’s

order

granting the Government’s motion for summary judgment on his
complaint filed

pursuant

to

the

Federal

Tort

Claims

Act,

U.S.C.A. §§ 1346(b)(1), 2671-2680 (West 2006 & Supp. 2012).

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In

February 2010, Lugo entered the Pines Class Six store, which is
owned and operated by the Army Air Force Exchange Service, and
slipped and fell on a trickle of water coming from underneath
one of the refrigerated coolers.

We affirm.

This Court reviews a district court’s grant of summary
judgment

de

novo,

viewing

the

facts

and

drawing

reasonable

inferences in the light most favorable to the non-moving party.
PBM Prods., LLC v. Mead Johnson & Co., 639 F.3d 111, 119 (4th
Cir. 2011).

Summary judgment is proper “if the movant shows

that there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”
Civ. P. 56(a).
outcome

of

“Only disputes over facts that might affect the

the

suit

under

the

governing

preclude the entry of summary judgment.”
Lobby, Inc., 477 U.S. 242, 248 (1986).
for

summary

Fed. R.

judgment,

the

law

will

properly

Anderson v. Liberty
To withstand a motion

non-moving

party

must

produce

competent evidence to reveal the existence of a genuine issue of
material fact for trial.
Co.,

312

F.3d

645,

649

See Thompson v. Potomac Elec. Power
(4th
2

Cir.

2002)

(“Conclusory

or

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speculative

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allegations

do

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not

suffice,

nor

does

a

mere

scintilla of evidence in support of [the non-moving party’s]
case.” (internal quotation marks omitted)).
On appeal, Lugo asserts that there is a genuine issue
of

material

fact

as

to

whether

the

defendant

reasonable care in maintaining the premises.

exercised

Our review of the

record leads us to conclude that the district court correctly
determined that Lugo’s proffered evidence of negligence did not
rise above speculative allegations.

We therefore conclude that

the district court properly granted the Government’s motion for
summary judgment as to Lugo’s claim.
Accordingly, we affirm the district court’s order.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

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