Benjamin v. Hot Shoppes, Inc.

HOOD, Chief Judge.

This action for breach of implied warranty alleged that plaintiff had become ill as a result of eating unwholesome food served by defendant. At the close of plaintiff’s testimony, the trial court granted defendant’s motion for a directed verdict, ruling that plaintiff had failed to establish a prima facie case.

Plaintiff, a registered nurse, was the only witness in her own behalf. She testified that on the day when her illness began, she was in attendance upon a patient at the Washington Hospital Center. For her evening meal she went.to a cafeteria operated by defendant,…