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WAUCHOP v. DOMINO'S PIZZA, INC.

No. S90-496M.

832 F.Supp. 1577 (1993)

Dennis WAUCHOP, Administrator of the Estate of Susan Wauchop, Deceased, and as Guardian of the minors Brian Noonan, Jason Noonan, Patrick Noonan, and John Noonan, Plaintiffs, Janet Scott, as mother and natural guardian of the minor Timothy Scott, Intervenor Plaintiff, v. DOMINO'S PIZZA, INC., Thomas S. Monaghan, Scott Halvorsen, d/b/a Domino's Pizza, and Christopher Braden, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

April 22, 1993.

Attorney(s) appearing for the Case

Robert J. Pavich, Chicago, IL, for Wauchop/Noonan.

Loren B. Siegel, Chicago, IL, for intervenor plaintiff Scott.

C. Roy Peterson, Nancy Shaw, Chicago, IL, Thomas J. Brunner, Jr., Paul J. Peralta, South Bend, IN, for Domino's Pizza, Inc. and Thomas Monaghan.

Arthur A. May, Joe Jensen, South Bend, IN, for Scott Halvorsen.

John McQuillan, Terri Springman, Merrillville, IN, for Christopher Braden.

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause comes before the court on the motion of defendant Domino's Pizza, Inc. for summary judgment as to Count XI of the plaintiffs' complaint, which seeks punitive damages.1 Count XI alleges that, "For years prior to May 25, 1990, ... Domino's willfully and wantonly maintained THE 30 MINUTE RULE2 although [it] knew or should have known that...

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