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KONKEL v. BOB EVANS FARMS INC.

Nos. 97-1824, 97-1867.

165 F.3d 275 (1999)

Carol M. KONKEL, Plaintiff-Appellee, v. BOB EVANS FARMS INCORPORATED, Defendant-Appellant, and Ecolab, Incorporated, Defendant. Carol M. Konkel, Plaintiff-Appellant, v. Bob Evans Farms Incorporated, Defendant-Appellee, and Ecolab, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided January 4, 1999.

Attorney(s) appearing for the Case

ARGUED: Steven Walter Bancroft, Trichilo, Bancroft, McGavin, Horvath & Judkins, P.C., Fairfax, VA, for Appellant. Robert Theodore Mitchell, Jr., James Anthony Klenkar, Hall, Monahan, Engle, Mahan & Mitchell, Winchester, VA, for Appellee. ON BRIEF: Melissa S. Hogue, Michael J. Carita, Trichilo, Bancroft, McGavin, Horvath & Judkins, P.C., Fairfax, VA, for Appellant.

Before MURNAGHAN and HAMILTON, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

OPINION

HAMILTON, Circuit Judge:

Bob Evans Farms, Inc. (Bob Evans), owner of a restaurant in Carlisle, Pennsylvania, appeals from a $1,000,000 judgment in favor of one of its customers, Carol Konkel (Konkel), as compensation for her physical and emotional damages flowing from her ingestion of hot tea, contaminated with Ecoline Finish cleaning detergent, served to her at Bob Evans.1 The principal issue presented in this appeal...

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