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MARCHANT v. BODDIE-NOELL ENTERPRISES, INC.

No. 1:04CV00021.

344 F.Supp.2d 495 (2004)

Alvin MARCHANT, Plaintiff, v. BODDIE-NOELL ENTERPRISES, INC., D/B/A Hardees of Bluefield, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

November 10, 2004.

Attorney(s) appearing for the Case

Michael J. Hileman, Blacksburg, Virginia, for Plaintiff.

C. Kailani Memmer, Guynn, Memmer & Dillon, P.C., Roanoke, Virginia, for Defendant.

OPINION

JONES, Chief Judge.

In this slip-and-fall case, governed by Virginia law, the plaintiff was injured when he fell outside a Hardee's restaurant. Based on the record, I find that the plaintiff has failed to establish causation, a required element for any prima facie case of negligence. Without addressing the restaurant owner's other arguments, I grant summary judgment in favor of the defendant.

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