Cain v. Sheraton Perimeter Park South Hotel

The issue in this case is whether the trial court erred in entering a summary judgment in favor of the defendants on the plaintiffs' claim that they were liable to them because of a restaurant's serving him raw oysters that he alleges were infected with hepatitis.

On February 10, 1986, around 8:00 p.m., Nathaniel E. Cain, the plaintiff, arrived at the Sheraton Perimeter Park South Hotel to meet some business associates. While he was at the Sheraton, he consumed approximately three dozen complimentary raw oysters, and bought approximately $38.00 worth of liquor. Several other members of his…