Schafer v. Jlc Food Systems

Appellant Karen Schafer seeks review of the district courts grant of summary judgment in favor of respondents, JLC Food Systems, Inc., d/b/a Perkins Family Restaurant, and The Restaurant Company, d/b/a Foxtail Foods, in her negligence action alleging that her throat was injured as a result of eating a defective food product - a pumpkin muffin - at a Perkins restaurant. The court of appeals affirmed the district courts decision, holding that Schafer could not prove a prima facie claim of negligence because she could not identify the object that injured her. Schafer asks us to determine whether a restaurant customer can establish a prima facie claim of negligence against the restaurant where she was served without identifying the specific object that allegedly caused her injury. We reverse the grant of summary judgment and remand to the district court.