CAIN v. SHERATON PERIMETER PARK SOUTH HOTEL

1901319.

592 So.2d 218 (1991)

Nathaniel E. CAIN and Barbara L. Cain v. SHERATON PERIMETER PARK SOUTH HOTEL, et al.

Supreme Court of Alabama.

December 20, 1991.


Attorney(s) appearing for the Case

Robert M. Pears of Trimmier, Atchison and Hayley, P.C., Birmingham, for appellants.

Joe C. Carroll, Birmingham, for appellees Sheraton Perimeter Park South Hotel and Woodlands Restaurant.

Roger C. Foster of McDaniel, Hall, Conerly & Lusk, P.C., Birmingham, for appellee Bon Secour Fisheries, Inc.


MADDOX, Justice.

The issue in this case is whether the trial court erred in entering a summary judgment in favor of the defendants on the plaintiffs' claim that they were liable to them because of a restaurant's serving him raw oysters that he alleges were infected with hepatitis.

On February 10, 1986, around 8:00 p.m., Nathaniel E. Cain, the plaintiff, arrived at the Sheraton Perimeter Park South Hotel to meet some business associates. While he was at the...

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