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    Ely v. Fortier Loss Control, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a wrongful death action brought by Carl G. Ely and Gilda Ely against Fortier Loss Control Consultants. The district court granted Fortier's motion to dismiss. The appeals court reviewed the record and found no reversible error. Based on the facts in the complaint, the appeals court affirmed the district court's reasoning that the decedent was contributorily negligent and his negligence was the proximate cause of his fatal accident.

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    Ely v. Fortier Loss Control, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a wrongful death action brought by Carl G. Ely and Gilda Ely against Fortier Loss Control Consultants. The district court granted Fortier's motion to dismiss. The appeals court reviewed the record and found no reversible error. Based on the facts in the complaint, the appeals court affirmed the district court's reasoning that the decedent was contributorily negligent and his negligence was the proximate cause of his fatal accident.

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    Filed: 2003-03-12 Precedential Status: Non-Precedential Docket: 02-1966

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a wrongful death action brought by Carl G. Ely and Gilda Ely against Fortier Loss Control Consultants. The district court granted Fortier's motion to dismiss. The appeals court reviewed the record and found no reversible error. Based on the facts in the complaint, the appeals court affirmed the district court's reasoning that the decedent was contributorily negligent and his negligence was the proximate cause of his fatal accident.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    11 views2 pages

    Ely v. Fortier Loss Control, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a wrongful death action brought by Carl G. Ely and Gilda Ely against Fortier Loss Control Consultants. The district court granted Fortier's motion to dismiss. The appeals court reviewed the record and found no reversible error. Based on the facts in the complaint, the appeals court affirmed the district court's reasoning that the decedent was contributorily negligent and his negligence was the proximate cause of his fatal accident.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-1966

    CARL G. ELY; GILDA ELY, Administrators of the


    Estate of Carl G. Ely, Jr., deceased,
    Plaintiffs - Appellants,
    versus
    FORTIER
    LOSS
    INCORPORATED,

    CONTROL

    CONSULTANTS,
    Defendant - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Big Stone Gap. Glen M. Williams, Senior
    District Judge. (CA-02-25-2)

    Submitted:

    January 29, 2003

    Decided:

    March 12, 2003

    Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Carl E. McAfee, MCAFEE LAW FIRM, P.C., Norton, Virginia, for


    Appellants. Donald W. Huffman, HUFFMAN & NIXON, P.C., Roanoke,
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Carl G. Ely and Gilda Ely appeal the district courts order
    granting Fortier Loss Control Consultants motion to dismiss their
    wrongful death action.
    reversible error.

    We have reviewed the record and find no

    We note that the facts relied on by the district

    court in reaching its conclusion were contained in the complaint.


    Based on those facts, it is clear that Plaintiffs decedent was
    contributorily negligent, and his negligence was the proximate
    cause of his fatal accident.

    Accordingly, we affirm on the

    reasoning of the district court.

    See Ely v. Fortier Loss Control

    Consultants, Inc., No. CA-02-25-2 (W.D. Va. Aug. 2, 2002).

    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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