Reginald Ray v. Food Lion, LLC
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00470-CMH-JFA. Copies to all parties and the district court. . [16-1149]
Pg: 1 of 3
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
REGINALD DONALD RAY,
Plaintiff – Appellant,
FOOD LION, LLC,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:15-cv-00470-CMH-JFA)
November 1, 2016
November 4, 2016
Before KING and WYNN, Circuit Judges, and DAVIS, Senior Circuit
Affirmed by unpublished per curiam opinion.
Thomas Hailu, LAW OFFICES OF THOMAS HAILU, PLLC, Annandale,
Virginia, for Appellant. Jared A. Warren, BRITT & BYRNE, PLLC,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 3
claim of negligence arising from his falling on the Appellee’s
We review de novo a district court’s order granting
summary judgment, viewing facts in the light most favorable to
the nonmoving party.
Newport News Holdings Corp. v. Virtual
City Vision, Inc., 650 F.3d 423, 435 (4th Cir. 2011).
judgment should be granted “if the movant shows that there is no
entitled to judgment as a matter of law.”
Fed. R. Civ. P.
sufficient evidence favoring the nonmoving party for a jury to
return a verdict for that party.’”
Newport News, 650 F.3d at
Under Virginia law, “[t]o establish actionable negligence,
[Ray] had the burden to show the existence of a legal duty, a
Atrium Unit Owners Ass’n v. King, 585 S.E.2d 545, 548
Food Lion owed Ray the “duty to exercise ordinary
care toward [him] as its invitee upon its premises.”
Stores Inc. v. Pulley, 125 S.E.2d 188, 190 (Va. 1962).
invitee is injured because of some foreign substance or object
Pg: 3 of 3
on the floor of the premises the owner or occupant is not liable
unless it can be shown that he had actual knowledge of the
presence thereof or that in the exercise of reasonable care he
should have known of its presence and failed in his duty to
Gauldin v. Va. Winn-Dixie, Inc., 370 F.2d 167, 169
(4th Cir. 1966) (applying Virginia law).
condition of a premise or a fixture may be shown by evidence
that the defect was noticeable and had existed for a sufficient
Grim v. Rahe, Inc., 434 S.E.2d 888, 890
“Hence, if the evidence fails to show when a defect
occurred on the premises, the plaintiff has not made out a prima
Here, the district court correctly concluded
that Ray failed to establish a prima facie case of negligence
because he failed to provide any evidence demonstrating that the
this court and argument would not aid the decisional process.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?