Brian P. Voke and Ashley L. McCormack recently obtained summary judgment in a negligence and breach of warranty case filed in the Suffolk Superior Court. The plaintiff alleged that he sustained internal injuries when he ingested a lobster shell fragment within a lobster roll sold at a McDonald’s restaurant, and brought claims against the franchisee, and all possible distributors and suppliers of the lobster meat, including our client. The Court dismissed the request by the plaintiff to apply the “alternative liability” theory, and granted summary judgment for our client on the basis that the plaintiff has no reasonable expectation of proving that our client was involved in the manufacture, distribution, or preparation of the lobster meat that went into the plaintiff’s lobster roll.