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PILKINGTON v. PEKING CHINESE RESTAURANT

1900996.

596 So.2d 586 (1992)

Brittney PILKINGTON, a minor, By and Through her mother and next friend, Samantha PILKINGTON v. PEKING CHINESE RESTAURANT, INC.

Supreme Court of Alabama.

Rehearing Denied March 27, 1992.

Attorney(s) appearing for the Case

Charles A. Dauphin of Baxley, Dillard & Dauphin, Birmingham, for appellant.

Jerry B. Oglesby of Sides, Oglesby, Held & Dick and Fred Ray Lybrand, Anniston, for appellee.

ALMON, Justice.

The plaintiff appeals from a judgment on a jury verdict for the defendant in a personal injury action. Brittney Pilkington, a six-month-old infant, was injured when hot tea spilled on her while she and her family were dining at the premises of the Peking Chinese Restaurant, Inc. ("the Restaurant"). By and through her mother as next friend, Brittney filed a complaint alleging that the Restaurant

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