Legal Opinion
Rudloff v. Wendy's Restaurant of Rochester, Inc.
New York Supreme Court
Decided June 8, 2006PublishedCited by 2 opinions
1Opinion of the Court
*1083OPINION OF THE COURT
David M. Manz, J.
Background
This is a personal injury action, wherein the plaintiff alleges that he broke a tooth while eating a double cheeseburger (herein referred to as a hamburger) at a Wendy’s restaurant. Because the plaintiff claims to have swallowed the portion of the hamburger he was injured on, it is unknown whether the object that is alleged to have caused the injury was (1) a piece of bone, gristle or other substance that was “natural” to the ground beef and fat that make up a hamburger patty, (2) a “foreign” object such as a machine part that may have mistakenly…
2Cases cited37 opinions
- Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc.New York Court of Appeals · 1965
- Codling v. PagliaNew York Court of Appeals · 1973
- Denny v. Ford Motor Co.New York Court of Appeals · 1995
- Randy Knitwear, Inc. v. American Cyanamid Co.New York Court of Appeals · 1962
- Mix v. Ingersoll Candy Co.California Supreme Court · 1936
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3Cited by2 opinions
- Porrazzo v. Bumble Bee Foods, LLCDistrict Court, S.D. New York · 2011
- Burns v. McDonald's Corp.Massachusetts District Court, Appellate Division · 2010