UNPUBLISHED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 CONTROL CONSULTANTS,
INCORPORATED,
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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 court’s order
granting Fortier Loss Control Consultants’ motion to dismiss their
wrongful death action. We have reviewed the record and find no
reversible error. 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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