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Bartholomew v. Burger King Corp.

United States District Court, D. Hawaii

April 14, 2014

CLARK BARTHOLOMEW; TANYA BARTHOLOMEW; and ARIC BARTHOLOMEW, a minor, by his next friend CLARK BARTHOLOMEW, Plaintiffs,
v.
BURGER KING CORPORATION; CTI FOODS HOLDING CO., LLC.; UNITED STATES ARMY AND AIR FORCE EXCHANGE SERVICE; DOES 1-150, Defendants

Page 1044

For Clark Bartholomew, Tanya Bartholomew, AB, A Minor next friend Clark Bartholomew, Plaintiffs: Paul H. Saccoccio, Saccocio & Lopez, Haleiwa, HI; Stephen M. Shaw, Honolulu, HI.

For Burger King Corporation, Defendant, Cross Defendant, Cross Claimant, ThirdParty Plaintiff, Counter Defendant: Grant K. Kidani, LEAD ATTORNEY, Honolulu, HI.

For CTI Foods Holding Co., LLC, Defendant, Cross Claimant, Cross Defendant: Normand R. Lezy, Leong Kunihiro Lezy & Benton, Honolulu, Hi.

For District of Hawaii Office of the United States Attorney, Attorney General of the United States - Washington, DC, Army & Air Force Exchange Services, ThirdParty Defendants, Cross Claimants, Counter Claimants: Edric Ming-Kai Ching, Office of the United States Attorney, Honolulu, HI.

For Army & Air Force Exchange Services, Cross Defendant: Edric Ming-Kai Ching, Office of the United States Attorney, Honolulu, HI.

OPINION

Page 1045

ORDER DENYING DEFENDANT BURGER KING CORPORATION'S MOTION FOR SUMMARY JUDGMENT, DOC. NO. 189

J. Michael Seabright, United States District Judge.

I. INTRODUCTION

This is a tort action arising from an incident in which Plaintiff Clark Bartholomew (" Bartholomew" ) allegedly sustained injuries from eating a Triple Whopper sandwich imbedded with two needle-shaped metal objects at a Burger King Restaurant franchised to Defendant Army and Air Force Exchange Service (" AAFES" ).

On October 12, 2011, Bartholomew, his wife, and his son (" Plaintiffs" ) filed this action alleging tortious conduct by Defendants Burger King Corporation (" Burger King" ), AAFES, and CTI Foods Holding Company (" CTI" ), the hamburger patty supplier.

Currently before the court is Burger King's February 3, 2014 Motion for Summary Judgment arguing that Burger King cannot be liable for Bartholomew's injuries as a mere franchisor with insufficient control over the AAFES restaurant. Based on ...


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