John M. Kirby
Implied Warranty: Food Poisoning: Williams v. O'Charley's
In a case decided on June 19, 2012, the North Carolina Court of Appeals, in Williams v. O'Charley's, held that the Plaintiff's verdict of approximately $140,000 for food poisoning should stand. In this case, the Plaintiff was served chicken that tasted bad. The Plaintiff became ill after eating the chicken, and he sued the restaurant after incurring approximately $70,000 in medical expenses and spending a week in the hospital. The restaurant, O'Charley's, denied liability, and argued that the Plaintiff did not present sufficient proof to support his claim for breach of implied warranty. The court held that the circumstantial evidence was sufficient to present the case to the jury. Both sides presented expert testimony.
O'Charley's was involved in another lawsuit in 2009 in which a patron sustained serious injuries after drinking a beverage containing harmful chemicals. The Court of Appeals upheld an award of punitive damages against O'Charley's in this case, which was largely based on the conduct of O'Charley's following the incident. Katherine Everhart v. O'Charley's.
This website contains other recent North Carolina cases.