Goins v. Wendy's International, Inc.

In this action, the plaintiff alleged that she contracted food poisoning from food consumed in the defendant’s restaurant. The sole issue on appeal is whether the trial court erred in admitting the defendant’s evidence of the absence of other complaints.

Rebecca G. Goins sued Wendy’s International, Inc. (Wendy’s), to recover damages allegedly sustained when she consumed tainted food in a Wendy’s restaurant. Prior to trial, Goins filed a motion in limine seeking to prevent Wendy’s from introducing into evidence the testimony of two restaurant employees that they had received no other complaints…