McSWEENEY v. McDONALD'S CORPORATION


1991 Mass. App. Div. 197 (1991)

Daniel G. McSweeney, Jr. vs. McDonald's Corporation

Massachusetts Appellate Division, Northern District.

December 4, 1991.


Attorney(s) appearing for the Case

Brian J. McNelis for the plaintiff.

Judith A. Perritano for the defendant.

Present: Sherman, P.J., Forte & Banks, JJ.


Forte, J.

This is an action to recover damages for the defendant's alleged negligence, breach of warranty and unfair practices in violation of G.L.c. 93A in selling food to the plaintiff which caused him to become ill. Count III of the complaint for G.L.c. 93A damages was withdrawn at the close of the plaintiff's case.

There was evidence at trial that at 6:00 P.M. on March 23, 1986, plaintiff Daniel G. McSweeney, Jr. ("McSweeney"), a healthy twenty-one year...

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