Legal Opinion

Singleton Ex Rel. Singleton v. International Dairy Queen, Inc.

Superior Court of Delaware

Decided January 8, 1975PublishedCited by 27 opinions

1Opinion of the Court

OPINION ON MOTION OF DEFENDANT, INTERNATIONAL DAIRY QUEEN, INC., FOR SUMMARY JUDGMENT

LONGOBARDI, Judge.

This is the decision on Defendant’s, International Dairy Queen, Inc., (“Dairy Queen”) motion for summary judgment.

On July 31, 1971, a nine year old girl (“Plaintiff”) fell through a glass door of a franchised Dairy Queen operation located at 813 Chestnut Road, Newark, Delaware. The store was owned by W. R. Hesseltine (“Hesseltine”). After purchasing cones of ice cream, the Plaintiff proceeded to the east door of the establishment and apparently without touching the glass, but by pushing on a…

2Cases cited18 opinions

  1. S. J. Groves & Sons Company v. Ohio Turnpike CommissionCourt of Appeals for the Sixth Circuit · 1963
  2. Henry S. Cram v. Sun Insurance Office, Ltd., Robert S. Wahab, Jr. v. Sun Insurance Office, Ltd.Court of Appeals for the Fourth Circuit · 1967
  3. Augustine Gizzi, and Anthony Giaccio v. Texaco, Inc., Appeal of Anthony GiaccioCourt of Appeals for the Third Circuit · 1971
  4. Board of Trade v. Hammond Elevator Co.Supreme Court of the United States · 1905
  5. Mrs. Mary Ellen Pritchard, Wife of Charles C. Pritchard v. Eugene G. Smith, Chief of Police, City of Little Rock, ArkansasCourt of Appeals for the Eighth Circuit · 1961

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3Cited by27 opinions

  1. Neff v. American Dairy Queen Corp.Court of Appeals for the Fifth Circuit · 1995
  2. Drexel v. Union Prescription Centers, Inc.Court of Appeals for the Third Circuit · 1978
  3. Kerl v. Dennis Rasmussen, Inc.Wisconsin Supreme Court · 2004
  4. Willis E. Wilson, Rep., Estate of Tomikia Wilson v. Good Humor Corporation and David A. WilliamsCourt of Appeals for the D.C. Circuit · 1985
  5. Enterprise Management Consultants, Inc. v. State Ex Rel. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1988

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