Polite v. Carey Hilliards Restaurants, Inc.

McMurray, Presiding Judge.

Plaintiff Polite alleges that he purchased a seafood platter from defendant Carey Hilliards Restaurants, Inc., and that while eating the seafood platter a piece of fishbone contained in said platter became lodged in his throat causing medical expense and other damages. When deposed, plaintiff testified that the one inch piece of fishbone was concealed within the portion of fish served on the platter, that there was nothing unusual in the appearance of the piece of fish before he ate it; and that the fish tasted fine. Defendant’s evidence is that fish fillets which it…