Legal Opinion · Dissent

Chambley v. Apple Restaurants, Inc.

Court of Appeals of Georgia

Decided July 16, 1998No. A98A0707Published

1DissentAndrews, Chief Judge

This is not a case where the plaintiff claims a physical injury as a result of food poisoning, nor is it a case where the plaintiff claims to have been physically injured by the consumption of a harmful foreign object in otherwise good food. Here, the evidence is undisputed that the portion of the salad Chambley consumed was not physically contaminated or tainted by the condom found in the salad, and Chambley does not claim that she was injured by consuming the condom itself. What Chambley does claim is that she found a repugnant foreign object (a condom) in the salad, and that seeing and…

2Cases cited10 opinions

  1. OB-Gyn Associates of Albany v. LittletonSupreme Court of Georgia · 1989
  2. Ryckeley v. CallawaySupreme Court of Georgia · 1992
  3. Abernathy v. City of AlbanySupreme Court of Georgia · 1998
  4. Christy Bros. Circus v. TurnageCourt of Appeals of Georgia · 1928
  5. Norris v. Pig'n Whistle Sandwich Shop Inc.Court of Appeals of Georgia · 1949

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API