MOTION TO DISMISS OR ALTERNATIVELY, MOTION FOR SUMMARY JUDGMENT
CASSIBRY, District Judge:
This is a survival and wrongful death action brought by a surviving nephew, individually and as succession representative for the death of Virgil G. Tudor, who allegedly died as a result of serious injuries he incurred while driving a motor scooter. Plaintiff alleges that the decedent was struck by a vehicle operated by defendant William Connelly ("Connelly") and that...
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