Tudor v. Connelly

MOTION TO DISMISS OR ALTERNATIVELY, MOTION FOR SUMMARY JUDGMENT

CASSIBRY, District Judge:

This is a survival and wrongful death action brought by a surviving nephew, individually and as succession representative for the death of Virgil G. Tudor, who allegedly died as a result of serious injuries he incurred while driving a motor scooter. Plaintiff alleges that the decedent was struck by a vehicle operated by defendant William Connelly (“Connelly”) and that in addition a truck, owned and operated by defendant Frito-Lay Corporation (“Frito-Lay”), contributed to the accident by blocking Connelly’s…