Legal Opinion

McCarley v. West Quality Food Service

Tennessee Supreme Court

Decided January 5, 1998No. 02S01-9610-CV-00085PublishedCited by 478 opinions

1Opinion of the Court

OPINION

HOLDER, Justice.

The plaintiffs, Marvin and Ellyse McCar-ley, appeal the summary dismissal of their complaint alleging that Mr. McCarley received food poisoning after ingesting food improperly prepared by the defendant, Kentucky Fried Chicken. The trial court granted the defendant’s motion for summary judgment. The Court of Appeals affirmed and held that the plaintiffs’ proof was insufficient to establish the element of causation. We granted appeal to address: (1) the Court of Appeals’ analysis in summary judgment dispositions; and (2) the quantum and type of proof plaintiffs must…

2Cases cited2 opinions

  1. Byrd v. HallTennessee Supreme Court · 1993
  2. Haynes v. Hamilton CountyTennessee Supreme Court · 1994

3Cited by478 opinions

  1. Michelle RYE Et Al. v. WOMEN’S CARE CENTER OF MEMPHIS, MPLLC Et Al.Tennessee Supreme Court · 2015
  2. Staples v. CBL & Associates, Inc.Tennessee Supreme Court · 2000
  3. Tennie Martin, et.al. v. Southern Railway Company, et.al.Tennessee Supreme Court · 2008
  4. Hannan v. Alltel Publishing Co.Tennessee Supreme Court · 2008
  5. Blair v. West Town MallTennessee Supreme Court · 2004

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