Ambiance Associates, Inc. v. Kilby

In this personal injury action, the judgment we review is part of a procedural tangle that developed following the verdict.

In April of 1980, appellee Robert J. Kilby, Jr., was an invitee in a restaurant of appellant Ambiance Associates, Inc., trading as The Black Angus Steakhouse, located in Fairfax County. While a flaming dessert was being prepared by a waiter at Kilby’s table, an “explosion or flash fire” occurred burning Kilby severely. The waiter claimed he was “bumped” unexpectedly, causing rum in a bottle to ignite as he was moving the bottle from near the flaming dessert.

Subsequently,…