Cengage Advantage Books: Foundations of the Legal Environment of Business 3rd Edition by Marianne Jennings

Exercise 4

Sandra Mitchell was having dinner at Friday's restaurant. Ms. Mitchell was eating a fried clam strip (sold to Friday's by Pro Source) when she bit into a hard substance that she believed to be a piece of a clam shell. She experienced immediate pain and later sought dental treatment. Some time later, the crown of a tooth came loose. The crown could not be reattached, and an oral surgeon removed the remaining root of the tooth. Ms. Mitchell filed a product liability action against Friday's, which had served her the meal, and Pro Source Distributing (the supplier of the fried clams). Both Friday's and Pro Source filed motions for summary judgment, which the trial court granted without explanation. Ms. Mitchell appealed. What should the court decide and why? [ Mitchell v. T.G.I. Friday's , 748 N.E.2d 89 (Ohio App. 2000).]