Gallagher v. L.K. Restaurant & Motels, Inc.

COWART, Judge.

This is an appeal of a final order denying a motion for new trial.

Elsie Gallagher, customer, ate dinner at the L.K. Family Restaurant after having been released from a hospital earlier that same day. After dinner she became violently ill and was readmitted to the hospital.

Customer and her husband brought an action against the restaurant grounded in strict liability, implied warranty, and loss of consortium. The customer presented evidence that her illness was the result of food poisoning, while the restaurant presented evidence that her illness was caused by the drugs which she…