NEGLIGENCE / CONTAMINATED FOOD - HOGUE V. LOGAN'S ROADHOUSE, INC.
In Hogue v. Logan's Roadhouse, Inc., [Ms. 2090035, April 2, 2010] __ So.3d __ (Ala. Civ. App. 2010), the Alabama Court of Civil Appeals examined the level of proof a plaintiff must present in establishing a prima facie case of negligence against a restaurant in a contaminated food case. The Court held that the plaintiff must submit evidence from which a jury could infer a negligent act or failure to act by the restaurant; mere evidence that plaintiff was made ill from eating the food does not support a finding of negligence on the part of the restaurant. Of particular note, the plaintiff did not allege claims under the Alabama Extended Manufacturers Liability Doctrine, and the Court's discussion did not undertake any analysis of the level of proof a plaintiff must show to prevail on such claims. The Court affirmed the summary judgment for the defendant