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KNEIBEL v. RRM ENTERPRISES

No. CX-93-815.

506 N.W.2d 664 (1993)

Leo KNEIBEL, Appellant, v. RRM ENTERPRISES, d/b/a McDuff's Restaurant, Respondent, J.P. Food Service, Inc., d/b/a Monarch Minnesota, Defendant. J.P. FOOD SERVICE, INC., d/b/a Monarch Minnesota, Defendant and Third-Party Plaintiff, v. MONFORT PACKING DIVISION, A DIVISION OF MONFORT, INC., Third-Party Defendant, Respondent, American Meat Packing Co., Third-Party Plaintiff, Respondent.

Court of Appeals of Minnesota.

October 5, 1993.

Attorney(s) appearing for the Case

Richard A. Enga, Matthew Frank, Taylor Law Firm, P.A., Minneapolis, for appellant.

Leonard J. Schweich, Jardine, Logan & O'Brien, St. Paul, for RRM Enterprises, d/b/a McDuff's Restaurant.

Thomas E. Marshall, Mackall, Crounse & Moore, Minneapolis, for Monfort Packing Division, a Division of Monfort, Inc.

Meredith M. McQuaid, Michael T. Nilan, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for American Meat Packing Co.

Considered and decided by CRIPPEN, P.J., and RANDALL and HARTEN, JJ.

OPINION

HARTEN, Judge.

Appellant Leo Kneibel challenges summary judgment dismissing his claims for damages allegedly sustained while eating at respondent McDuff's Restaurant. Because Kneibel could not identify the hard object which allegedly broke his tooth, the district court concluded that his claim of injury caused by a defective food product is based on speculation. We affirm.

FACTS

On October 21, 1989, Kneibel and his wife ate dinner...

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