Mills v. Sanders ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1536
PATRICIA B. MILLS, Administrator of the Estate
of Brian Lee Mills, Decedent,
Plaintiff - Appellant,
versus
TERRANCE D. SANDERS; SCHNEIDER NATIONAL
CARRIERS, INCORPORATED,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Danville. Jackson L. Kiser, Senior
District Judge. (4:05-cv-00059-JLK)
Submitted: February 12, 2007 Decided: March 9, 2007
Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jean M. McKeen, TOMLIN & MCKEEN, Chester, Virginia, for Appellant.
Eric S. Jensen, Monica A. Walker, JENSEN & ASSOCIATES, Richmond,
Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Appellant Patricia B. Mills, as administrator of the
estate of her son, Brian Mills, and on behalf of his estate,
brought a wrongful death action under Virginia law against
Appellees Terrance D. Sanders and Schneider National Carriers, Inc.
Mills asserted Sanders’ negligent operation of his tractor-trailer
caused it to veer from the highway and kill Brian, who was walking
down the side of the road. The district court granted summary
judgment in favor of Appellees, and Mills appealed.
We review the granting of summary judgment de novo.
Higgins v. E.I. DuPont de Nemours & Co., 863 F.2d 1162, 1167 (4th
Cir. 1988). We have reviewed the record, and find no reversible
error. We therefore affirm the district court’s order for the
reasons stated in its memorandum opinion. See Mills v. Sanders and
Schneider Nat’l Carriers, No. 4:05-cv-00059-JLK (W.D. Va. Mar. 24,
2006). 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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