Spicer Rudstrom attorney B. Thomas Hickey, Jr., a member in the firm’s Chattanooga office, recently prevailed on behalf of his client in a personal injury case in which the plaintiffs sued for a total of $650,000.
In the case, the plaintiffs filed a complaint for damages based on allegedly having been served contaminated food in a national franchise restaurant owned and operated by the defendant. The plaintiffs claimed the food provided and served by the restaurant contained pieces of metal, which when consumed, caused personal injuries. In response to the lawsuit on behalf of his client, Thomas contested and denied all of the material allegations and all causes of action including negligence, breach of implied warranties, claimed per se violations of various statutes governing food service establishments, and the dated but still valid doctrine of res ipsa loquitor.
A motion for summary judgment was filed on behalf of the defendant, asking the trial court to dismiss the case in its entirety. Thomas argued that motion on October 26. Yesterday, he received an order indicating that the court agreed with his arguments and finding that the case should be dismissed in its entirety. The motion for summary judgment was granted.
In the motion, the court noted that Thomas, on behalf of his client, secured and presented sufficient proof to carry its burden on summary judgment and was successful in showing that the plaintiffs were unable to overcome their obligation in response to the evidence and arguments presented by the defendant. The order is a victory on all counts for the defendant’s restaurant in a case in which significant damages were sought.