BROWN v. CUNNINGHAM


357 S.W.2d 36 (1962)

Ruth BROWN, Appellant, v. Betty CUNNINGHAM et al., Appellees.

Court of Appeals of Kentucky.

May 1, 1962.


Attorney(s) appearing for the Case

Edwin Cohen, Louisville, for appellant.

William Lehnig, Walter R. King, Carl K. Helman, Louisville, for appellees.


CLAY, Commissioner.

Plaintiff appellant choked on something while eating a meal at a restaurant. In a suit for damages against the owner and a distributor of one of the items on the menu, the circuit judge granted summary judgment for the defendants.

One of the foods being consumed was a fish filet. The theory of appellant's case is that this filet, supposedly boneless, contained a fish bone and was therefore not reasonably fit for human consumption. The substance...

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