PATTERSON Et Al. v. KEVON, LLC

I respectfully dissent. Because the trial court invaded the province of the jury in granting summary judgment to Big Kev’s, the judgment should be reversed.

There is no direct evidence that the food served by Big Kev’s at the rehearsal dinner was defective, so the Pattersons must rely on circumstantial evidence to satisfy the proximate cause element of their case against Big Kev’s. That is not an easy burden. To prevail on their claim at trial, the Pattersons must show that every other reasonable hypothesis as to the cause of their illness can be excluded. See Worthy v. Beautiful Restaurant,…