DENARO v. 99 RESTAURANT, INC.


2002 Mass. App. Div. 195 (2002)

Paul Denaro v. 99 Restaurant, Inc.

Massachusetts Appellate Division, Northern District.

November 12, 2002.


Attorney(s) appearing for the Case

Patrick P. MacDonald for the plaintiff.

James L. Frederick for the defendant.

Present: Coven, Greco & Wright, JJ.


Coven, J.

This is an action to recover for the defendant's alleged negligence and breach of implied warranty in serving food which the plaintiff claims caused his salmonella poisoning. Summary judgment was entered for the defendant, and the plaintiff filed this Dist./Mun. Cts. R. A. D. A., Rule 8A, expedited appeal.

The following facts are undisputed: The plaintiff had dinner at the defendant's restaurant at 7:00 P.M. on September 3, 1999. His meal consisted...

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