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DUCKWORTH v. BURGER KING CORP.

No. 04AP-697.

159 Ohio App.3d 540 (2005)

2005-Ohio-294

DUCKWORTH et al., Appellants and Cross-Appellees, v. BURGER KING CORPORATION, Appellee and Cross-Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided January 27, 2005.

Attorney(s) appearing for the Case

Smith, Phillips & Associates, and Janet L. Phillips, Mansfield, for appellants and cross-appellees.

McNamara & McNamara, Dennis D. Liston, and Jonathan M. Bryan, Columbus, for appellee and cross-appellant.

BROWN, Presiding Judge.

{¶ 1} Crystal and Dennis E. Duckworth, plaintiffs-appellants, appeal from a judgment of the Franklin County Court of Common Pleas in which the court granted the motion for summary judgment filed by Burger King Corporation, defendant-appellee.

{¶ 2} According to appellants, on November 5, 1998, Crystal consumed a Junior Whopper, french fries, and a soda at approximately 1:00 p.m., at a Burger King restaurant in Reynoldsburg...

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