Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Restaurants. For more information on restaurant issues see the pages on Wikipedia. 

Restaurants-Cases

1997 Austin v. Shoney’s, Inc., 254 Va. 134, 427 S.E.2d 330.

Plaintiff was elderly woman who walked with cane. She was exiting restaurant when she fell on what was alleged to be slippery floor. Plaintiff’s evidence was that slippery oil-like substance had been on floor for at least 20 minutes before accident and that one other patron had slipped on floor and that this substance may have been cleaning substance placed there by defendant. If jury accepted plaintiff’s theory that grease-like film was result of improper cleaning methods, then Shoney’s is charged with constructive knowledge of risk because it had duty to exercise reasonable care to avoid genesis of danger. Jury was unable to reach verdict and court sustained post-trial motion to strike. This was error.

1966 Levy v. Paul, 207 Va. 100, 147 S.E.2d 722.

Minor, three years’ old, suffered food poisoning in defendant’s restaurant. In Virginia under common law, there is implied warranty of wholesomeness that attaches to restaurant-patron relationship.

1953 Thalhimer Bros. v. Buckner, 194 Va. 10 11, 76 S.E.2d 215.

If inconvenience is so great that it is reasonable to get rid of it by act not obviously dangerous and executed without carelessness, person causing inconvenience, by his negligence, will be liable for any injury that may result from attempt to avoid such inconvenience. Here plaintiff was kept waiting in restaurant. She pushed table away to get up and fell. Verdict for plaintiff reversed.

1946 Alpaugh v. Wolverton, 184 Va. 943, 36 S.E.2d 906.

Restaurants not subject to same duties and responsibilities as innkeeper, nor is he entitled to same privilege. In absence of statute, he may accept or reject customers on purely personal grounds.