Marchant v. Boddie-Noell Enterprises, Inc.

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.

I

The essential facts of the ease, either undisputed or, where disputed, recited in the light most favorable to the plaintiff on the summary judgment record, are as follows.

The plaintiff, Alvin…