Woeste v. Washington Platform Saloon & Restaurant
Facts: Thomas Woeste died as a result of contracting the bacteria vibrio vulnifcus after eating raw oysters at the defendants (Washington Platform Saloon & Restaurant. Woeste suffered from hepatitis C and cirrhosis of the liver, making him susceptible to vibrio. The menu contained a warning directly next to the food item explaining the risks involved. Kimberly Woeste the Plaintiff’s wife states under testimony that he did not read the warning.
Issue: Did the defendants post adequate warnings concerning the risks involved in ingesting raw oysters and furthermore, was the oysters adulterated thus breaching the implied warranty of merchantability?
Rule: Restaurants that serve raw foods must
Facts: Thomas Woeste died as a result of contracting the bacteria vibrio vulnifcus after eating raw oysters at the defendants (Washington Platform Saloon & Restaurant. Woeste suffered from hepatitis C and cirrhosis of the liver, making him susceptible to vibrio. The menu contained a warning directly next to the food item explaining the risks involved. Kimberly Woeste the Plaintiff’s wife states under testimony that he did not read the warning.
Issue: Did the defendants post adequate warnings concerning the risks involved in ingesting raw oysters and furthermore, was the oysters adulterated thus breaching the implied warranty of merchantability?
Rule: Restaurants that serve raw foods must