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SCLAFANI v. PETER S. CUSIMANO, INC.

Docket No. 65543.

130 Mich. App. 728 (1983)

344 N.W.2d 347

SCLAFANI v. PETER S. CUSIMANO, INC.

Michigan Court of Appeals.

Decided December 5, 1983.

Attorney(s) appearing for the Case

Martin, Bacon & Martin, P.C. (by Robert Patrick George), for plaintiff.

Joselyn, Rowe, Jamieson, Grinnan, Callahan & Hayes, P.C. (by James A. Callahan), for defendant.

Before: R.M. MAHER, P.J., and WAHLS and R.R. LAMB, JJ.

R.R. LAMB, J.

Plaintiffs instituted this lawsuit in the Wayne County Circuit Court, alleging that plaintiff Salvatore Sclafani1 contracted hepatitis from eating in defendant's restaurant. Following the trial of this cause, the jury returned a verdict of no cause of action. Plaintiffs now appeal as of right.

In the early morning of December 14, 1975, plaintiff consumed a piece of...

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