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Morrison v. Yum! Brands, Inc.

United States District Court, D. Massachusetts

October 16, 2014

THOMAS MORRISON, Plaintiff,
v.
YUM! BRANDS, INC., Defendant

For Thomas Morrison, Plaintiff: Gilbert J. Schipani, LEAD ATTORNEY, Andrew C. Jones, Benjamin M. Shwartz, Tempus Fugit Law LLC, Boston, MA.

For YUM! Brands, Inc., doing business as, Kentucky Fried Chicken, Defendant: Lawrence R. Holland, LEAD ATTORNEY, Alan J. Kowalczyk, Tucker and Associates, LLC, Warwick, RI.

Page 438

MEMORANDUM AND ORDER ON DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT AND TO STRIKE

F. Dennis Saylor IV, United States District Judge

This is an action in negligence arising out of a slip-and-fall incident. Jurisdiction is based on diversity of citizenship.

On May 21, 2010, plaintiff Thomas Morrison slipped and fell on a puddle of clear liquid in a KFC restaurant in Norwell, Massachusetts, operated by KFC U.S.

Page 439

Properties, Inc.[1] Morrison now brings suit, alleging that his slip and fall was caused by defendant's negligence.

On July 25, 2014, defendant moved for summary judgment on plaintiff's claim, contending that it did not breach its duty of care toward Morrison. After the deadline for opposing the motion for summary judgment, and after the Court heard arguments on the pending motion, plaintiff filed a Rule 56(d) affidavit requesting the Court stay the ruling on the motion for summary judgment until plaintiff takes additional discovery. On October 6, 2014, defendant moved to strike the affidavit.

For the following reasons, the motion to strike the affidavit and the motion for summary judgment will be granted.

I. Background

The following facts are undisputed unless noted otherwise.

A. Factual Background

Thomas Morrison is a resident of Rockland, Massachusetts. (Compl. ΒΆ 1). The complaint alleges that Yum! Brands is a Kentucky corporation with a principal place of business ...


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