Hanzel v. Good Earth, Inc.

OPINION

FOLEY, Judge.

Appellant Myrtle Hanzel appeals from an order denying a motion for a new trial based on the district court’s refusal to include a jury instruction on res ipsa loqui-tur.

Affirmed.

FACTS

In April 1982, appellant-plaintiff Myrtle Hanzel sued Good Earth Restaurant for an injury she received as a result of biting into a walnut shell in a piece of carrot cake, served to her in the restaurant. A year later Hanzel amended her complaint to include two walnut distributors, Tochi Products and Bergin Wholesale Nut Co., and a California based walnut shelter, Ventura Walnut Shelling Co.…