Newark, N.J. – A seafood restaurant guest injured by flying shards of glass from a dropped plate need not prove waiter negligence in oder to recover for damage to his corneas, a federal judge ruled on January 8.
Plaintiff Darryl Clark moved for summary judgment under the doctrine of res ipsa loquitur, which allows an inference of liability if an incident “bespeaks negligence,” the injuring instrument was under the defendants’s control and there’s no indication that plaintiff contributed to the injury.
U.S. Districts Judge Freda Wolfson agreed, ruling, “This is not a difficult case.” She said it is “axiomatic that a server in a restaurant has a duty not to drop a plate on the table in front of pantrons, particularly a breakable plate.”
source: National Law Journal (Print)
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