OPINION AND ORDER
JON E. DeGUILIO, District Judge.
On March 7, 2008, Plaintiff, Michael D. Carroll ("Carroll"), filed a complaint in this Court, as the Guardian of the person and estate of Joshua M. Carroll. [DE 1]. On August 11, 2009, Carroll filed an amended complaint. [DE 24]. In his amended complaint, Carroll alleges that Joshua M. Carroll suffered a severe brain injury when he was negligently struck by a tractor-trailer, driven by Defendant,...
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