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McCLAIN v. McDONALD'S RESTAURANTS OF DELAWARE, INC.

C.A. No. N09C-06-275 PLA.

HORACE M. McCLAIN, Plaintiff, v. McDONALD'S RESTAURANTS OF DELAWARE, INC., Defendant.

Superior Court of Delaware, New Castle County.

Decided: July 5, 2011.

Attorney(s) appearing for the Case

Edward J. Fornias, III, Esquire , ROEBERG, MOORE & FRIEDMAN, P.A., Wilmington, Delaware, Attorney for Plaintiff.

J.R. Julian, Esquire , J.R. JULIAN, P.A., Wilmington, Delaware, Attorney for Defendant.

PEGGY L. ABLEMAN, Judge.

I. Introduction

In this personal injury action, the Court must determine the consequences of the plaintiff's misidentification of the location where he was injured and the proper defendant. Plaintiff Horace McClain filed suit in June 2009 against six owners or operators of different McDonald's restaurants, alleging that he was injured in the course of delivering a refrigerator to a McDonald's in Elsmere two years before. After counsel...

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