Day v. Waffle House, Inc.

BAILEY, Judge:

This case comes on for review of the Trial Court’s grant of Appellee’s motion for summary judgment on Appellant’s cause of action, which determined the case. Appellant Susan Day (Appellant or Day) and her friend, Freddie Farris, went to Appellee Waffle House restaurant (Appellee or Restaurant) for a meal. Freddie went into the restaurant and ordered his meal, while Appellant went across the street to a convenience store to make a telephone call. While eating, Freddie discovered broken glass in his food, and began spitting out food, broken glass and blood.

At this time, Appellant…