Legal Opinion
Berkheimer v. REKM, L.L.C.
Ohio Supreme Court
Decided July 25, 2024No. 2023-0293PublishedCited by 2 opinions
1Opinion of the Court
[This opinion has been published in Ohio Official Reports at 177 Ohio St.3d 431.] BERKHEIMER, APPELLANT, v. REKM, L.L.C., D.B.A. WINGS ON BROOKWOOD ET AL., APPELLEES. [Cite as Berkheimer v. REKM, L.L.C.,
2024-Ohio-2787.] Civil law—Negligence—Suppliers of food—In negligence cases involving an injurious substance in food, the correct analysis is that adopted in Allen v. Grafton—No breach of duty occurs when consumer could have reasonably expected and guarded against presence of injurious substance in food, and what consumer could have reasonably expected is informed by whether the injurious…
2Cases cited16 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Menifee v. Ohio Welding Products, Inc.Ohio Supreme Court · 1984
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Smith v. McBrideOhio Supreme Court · 2011
- Di Gildo v. CaponiOhio Supreme Court · 1969
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3Cited by2 opinions
- Fauvel v. Pacific E. Coventry, Inc.Ohio Court of Appeals · 2025
- State ex rel. Citizens Not Politicians v. Ohio Ballot Bd.Ohio Supreme Court · 2024