LaMack v. Fontainebleau Hotel Corp.

PEARSON, Judge.

The plaintiff in the trial court appeals a final judgment dismissing her complaint with prejudice. The question presented is whether the complaint, in which plaintiff alleged that a restaurant served her food containing a foreign substance, stated a cause of action for negligence. We hold that the complaint stated a cause of action and reverse the order dismissing the complaint.

Appellant’s complaint was originally in two counts; the first on the theory of implied warranty, and the second on the theory of negligence. The trial judge dismissed the count alleging negligence upon…