Legal Opinion

Konkel v. Bob Evans Farms Inc.

Court of Appeals for the Fourth Circuit

Decided January 4, 1999No. 97-1824, 97-1867PublishedCited by 105 opinions

1Opinion of the Court

OPINION

HAMILTON, Circuit Judge:

Bob Evans Farms, Inc. (Bob Evans), owner of a restaurant in Carlisle, Pennsylvania, appeals from a $1,000,000 judgment in favor of one of its customers, Carol Konkel (Konk-el), as compensation for her physical and emotional damages flowing from her ingestion of hot tea, contaminated with Eco-line Finish cleaning detergent, served to her at Bob Evans. 1 The principal issue presented in this appeal is whether the magistrate judge abused his discretion in denying Bob Evans’ motion pursuant to Federal Rule of Civil Procedure 59(a) for a new trial based upon the…

2Cases cited20 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  3. Feld v. MerriamSupreme Court of Pennsylvania · 1984
  4. John James Mary James v. Cecil B. Jacobson, Jr., M.D. Reproductive Genetics Center, LimitedCourt of Appeals for the Fourth Circuit · 1993
  5. ætna Casualty & Surety Co. v. YeattsCourt of Appeals for the Fourth Circuit · 1941

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3Cited by105 opinions

  1. Baynard v. MaloneCourt of Appeals for the Fourth Circuit · 2001
  2. Saunders v. Branch Banking and Trust Co. of VACourt of Appeals for the Fourth Circuit · 2008
  3. Austin v. Paramount Parks, Inc.Court of Appeals for the Fourth Circuit · 1999
  4. Marlow Humbert v. Mayor and City Council of Baltimore CityCourt of Appeals for the Fourth Circuit · 2017
  5. U.S. Equal Employment Opportunity Commission v. Consol Energy, Inc.Court of Appeals for the Fourth Circuit · 2017

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