John Manley v. Wendy's International Inc., No. 12-1286 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1286 JOHN D. MANLEY; KAREN MANLEY, Plaintiffs - Appellants, v. WENDY'S INTERNATIONAL, INC.; CORPORATION, d/b/a Wendys, FIRST SUN MANAGEMENT Defendants Appellees, JOHN DOE, Defendant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, Chief District Judge. (7:10-cv-00154-D) Submitted: August 24, 2012 Decided: October 12, 2012 Before KEENAN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. John M. Kirby, LAW OFFICES OF JOHN M. KIRBY, Raleigh, North Carolina, for Appellants. Regan S. Toups, CRANFILL SUMNER & HARTZOG, LLP, Wilmington, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Manley appeals the district court s grant of summary judgment in favor of Wendy s International, Inc. and First Sun Management Corporation, d/b/a Wendy s, (collectively Defendants) with respect to his claims under North Carolina law for breach of negligence. district implied Karen court s warranty Manley, grant wife of of summary of John merchantability and Manley, appeals the favor of judgment in Defendants with respect to her claim under North Carolina law for loss of consortium. Having carefully reviewed the briefs, the record, and the relevant law, we affirm on the reasoning of the district court, as stated in its February 2, 2012 Manley v. Wendy s Int l, Inc., 849 F. Supp. 2d 594 order. (E.D.N.C. 2012). We dispense with oral argument because the facts and legal before contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED - 2 -