Hochberg v. O'Donnell's Restaurant, Inc.

GALLAGHER, Associate Judge:

This is an appeal from a directed verdict in favor of the defendant at the conclusion of the plaintiff’s case in an action for damage to a tooth caused in chewing an olive which had been in a martini cocktail purchased in defendant’s restaurant. The complaint alleged a cause of action against O’Donnell’s Restaurant for negligence and breach of implied warranty. The restaurant brought a third-party action against Hale Friedenberg, t/a My-Own Food Products, from whom the restaurant had purchased the olive. The latter in turn filed a fourth-party action for indemnity…