Human Resource Selection 9th Edition by Marianne Jennings

Exercise 37

On September 6, 1986, Floyd Simeon, 63, and his son, Edward Simeon, 38, went to the Sweet Pepper Grill, a restaurant at the River Walk in New Orleans. They ordered a dozen and a half raw oysters. Floyd ate 6 oysters, and Edward ate 9 or 10. The men had eaten raw oysters before, and these looked and smelled "good."
Two days later, Mr. Floyd Simeon began running a fever and complained of pain in his ankle. Several physicians were consulted, and it was determined that Mr. Simeon was suffering from vibrio vulnificus septicemia, an infection resulting from eating raw oysters with vibrio vulnificus bacteria. As the disease progressed, Mr. Simeon developed severe blisters on his legs and began to lose subcutaneous tissue. Plastic surgeons and other physicians tried to stop the spread of the disease, but they were unsuccessful, and Mr. Simeon died on September 23, 1986.
Mrs. Simeon brought a suit against Sweet Pepper Grill for breach of the warranty of merchantability. Should the restaurant be held liable? [ Simeon v Doe, 618 So. 2d 848 (La. 1993)]