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SCHAFER v. JLC FOOD SYSTEMS, INC.

No. A03-779.

695 N.W.2d 570 (2005)

Karen SCHAFER, Appellant, v. JLC FOOD SYSTEMS, INC., d/b/a Perkins Family Restaurant, defendant and third-party plaintiff, Respondent, v. The Restaurant Company, d/b/a Foxtail Foods, third-party defendant, Respondent.

Supreme Court of Minnesota.

April 28, 2005.

Attorney(s) appearing for the Case

Kevin S. Carpenter, Carpenter Injury Law Office, St. Cloud, MN, for Appellant.

Roger L. Kramer, Matthew P. Kostolnik, Gislason & Hunter, L.L.P., Minnetonka, MN, for Respondent JLC Food Systems/Perkins.

D. Scott Ballou, Patrick M. Biren, Brownson & Ballou, P.L.L.P., Minneapolis, MN, for Respondent The Restaurant Company, d/b/a Foxtail Foods.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, J.

Appellant Karen Schafer seeks review of the district court's grant of summary judgment in favor of respondents, JLC Food Systems, Inc., d/b/a Perkins Family Restaurant, and The Restaurant Company, d/b/a Foxtail Foods, in her negligence action alleging that her throat was injured as a result of eating a defective food product — a pumpkin muffin — at a Perkins restaurant. The court of appeals affirmed the district court's decision...

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