EDWARDS v. HOP SIN, INC.

No. 2002-CA-001482-MR.

140 S.W.3d 13 (2003)

Ernest Dale EDWARDS and Shirley Edwards, Appellants, v. HOP SIN, INC., Appellee.

Court of Appeals of Kentucky.

As Modified September 19, 2003.

Discretionary Review Denied August 18, 2004.


Attorney(s) appearing for the Case

Freeda M. Clark, Louisville, KY, for Appellants.

Marvin L. Coan, Hummel & Coan, Louisville, KY, for Appellee.

Before BARBER, COMBS, and KNOPF, Judges.


OPINION

KNOPF, Judge.

In November 1998, Ernest Edwards ate raw oysters from the seafood bar at China Town restaurant on the Outer Loop in Louisville. By the next day he had become ill with what proved to be septicemia, a bacterial invasion of his blood stream. The bacterium was Vibrio vulnificus, an organism naturally occurring in sea water and commonly found in oysters and other marine filter feeders. In May 1999 Edwards and his wife brought suit...

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