Filed: Jan. 28, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1192 CAROL V. STIMSON, Plaintiff - Appellee, versus FOOD LION, LLC, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. William D. Quarles, Jr., District Judge. (8:06-cv-00614-WDQ) Submitted: September 5, 2007 Decided: January 28, 2008 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Tamara B. Goorevitz, David A. Skomb
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1192 CAROL V. STIMSON, Plaintiff - Appellee, versus FOOD LION, LLC, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. William D. Quarles, Jr., District Judge. (8:06-cv-00614-WDQ) Submitted: September 5, 2007 Decided: January 28, 2008 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Tamara B. Goorevitz, David A. Skomba..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1192
CAROL V. STIMSON,
Plaintiff - Appellee,
versus
FOOD LION, LLC,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. William D. Quarles, Jr., District Judge.
(8:06-cv-00614-WDQ)
Submitted: September 5, 2007 Decided: January 28, 2008
Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tamara B. Goorevitz, David A. Skomba, FRANKLIN & PROKOPIK,
Baltimore, Maryland, for Appellant. Francis A. Pommett, III, LAW
OFFICES OF NATHANSON & POMMETT, P.C., Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Food Lion, LLC, appeals a district court judgment finding
for Appellee Carol V. Stimson, and awarding her $279,297.02 in
damages for Food Lion’s negligence. Food Lion challenges the
sufficiency of the evidence, the district court’s sparse factual
findings when it awarded a victory to Stimson, and the sufficiency
of the evidence supporting the damages award. Finding no error, we
affirm.
We directed a limited remand in order for the district
court to make findings of fact and conclusions of law in accordance
with Rule 52(a) of the Federal Rules of Civil Procedure. We find
the court’s factual findings and conclusions of law in its December
11, 2007 memorandum opinion are sufficient.
The district court’s factual findings are reviewed for
clear error and its conclusions of law de novo. Carter v. Ball,
33
F.3d 450, 457 (4th Cir. 1994). We find there was sufficient
evidence supporting the court’s findings. Based on the court’s
findings that the hazard was not open and obvious and Food Lion
failed to warn Stimson of the hazard, we find no error in the
court’s decision not to address the issue of Stimson’s negligence.
We also find no error in the award of damages. The court heard
testimony from Stimson’s treating physician regarding the
reasonableness and necessity of the medical bills. We also find
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Stimson’s testimony provided sufficient support for the award of
lost wages.
Accordingly, we affirm the district court’s judgment. 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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