Sclafani v. Peter S Cusimano, Inc

Plaintiffs instituted this lawsuit in the Wayne County Circuit Court, alleging that plaintiff Salvatore Sclafani 1 contracted hepatitis from eating in defendant’s restaurant. Following the trial of this cause, the jury returned a verdict of no cause of action. Plaintiffs now appeal as of right.

In the early morning of December 14, 1975, plaintiff consumed a piece of apple pie and several cups of coffee at defendant’s restaurant. In early January, 1976, plaintiff developed fatigue, nausea, and severe abdominal pain. Plaintiff was originally diagnosed as suffering from type A hepatitis.…