Clime v. Dewey Beach Enterprises, Inc.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I.INTRODUCTION

Plaintiff John P. Clime became ill after eating clams in the Rusty Rudder Restaurant located at Dewey Beach, Delaware. Thereafter, he brought suit, sounding in negligence and breach of implied warranty of merchantability against Dewey Beach Enterprises, Inc. d/b/a Rusty Rudder Restaurant [“Rusty Rudder”] and the supplier of the clams, Copp’s Seafood. The Rusty Rudder filed a Third Party Complaint against Copp’s seeking contribution and indemnity. The Rusty Rudder and Copp’s now request this Court enter summary judgment against…