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EVART v. SULI

Docket No. B032334.

211 Cal.App.3d 605 (1989)

259 Cal. Rptr. 535

PATRICE F. EVART, Plaintiff and Appellant, v. STEVE SULI et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

June 15, 1989.

Attorney(s) appearing for the Case

COUNSEL

Michael F. Kushner for Plaintiff and Appellant.

Marrone, Robinson, Frederick & Foster, Linda B. Bulmash, Roper & Folino and Michael J. Irwin for Defendants and Respondents.

OPINION

BOREN, J.

The question presented by this appeal is whether, as a matter of law, a plaintiff is barred from recovering for injuries she sustained as a result of biting into a piece of bone hidden inside a hamburger patty.

FACTS

Plaintiff/appellant Patrice F. Evart broke a tooth when she bit into a "hard substance" in a hamburger sandwich at a restaurant. Although Evart does not know precisely what type of...

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