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ODOM v. JEBROA ENTERPRISES

No. Civ.A. 98-2176(JR).

47 F.Supp.2d 42 (1999)

Jose ODOM, Plaintiff, v. JEBROA ENTERPRISES t/a McDonald's Restaurant, Defendant.

United States District Court, District of Columbia.

April 27, 1999.

Attorney(s) appearing for the Case

Barry L. Leibowitz, Erin P. Band, Monica Meyers Turnbo, Leibowitz & Band, Wheaton, MD, for plaintiff.

John A. King, Deirdre R. Horton, King & Attridge, Rockville, MD, for defendant.

MEMORANDUM

ROBERTSON, District Judge.

Plaintiff claims that he was injured as a result of swallowing "something" in a pink lemonade that he bought at defendant's McDonald's Restaurant. The "something" was never identified or recovered, and the lemonade was outside of defendant's control for at least an hour and a half before plaintiff drank the lemonade. Defendant has moved for summary judgment. Because no reasonable juror could find in plaintiff...

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