Legal Opinion

Denaro v. 99 Restaurant, Inc.

Massachusetts District Court, Appellate Division

Decided November 12, 2002PublishedCited by 1 opinion

1Opinion of the CourtCoven, J.

This is an action to recover for the defendants alleged negligence and breach of implied warranty in serving food which the plaintiff claims caused his salmonella poisoning. Summary judgment was entered for the defendant, and the plaintiff filed this Dist/Mun. Cts. R A. D. A., Rule 8A, expedited appeal.

The following facts are undisputed: The plaintiff had dinner at the defendant’s restaurant at 7:00 PM. on September 3,1999. His meal consisted of chicken tenders, rice and lemonade. The food did not smell or taste peculiar, and appeared to have been cooked properly. Almost immediately after…

2Cases cited12 opinions

  1. Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
  2. O'Sullivan v. ShawMassachusetts Supreme Judicial Court · 2000
  3. Johnson v. KanavosMassachusetts Supreme Judicial Court · 1937
  4. Schuler v. Union News Co.Massachusetts Supreme Judicial Court · 1936
  5. Flynn v. Growers Outlet, Inc.Massachusetts Supreme Judicial Court · 1940

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3Cited by1 opinion

  1. Ide v. Foreign Candy Co.Massachusetts District Court, Appellate Division · 2006

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