In the case of Boruch v. Catty Corner Neighborhood Pub & Pie, 2025 Pa. D. & C. Dec. Lexis 6 (C.P. Leh. Co. Jan. 2, 2025 Reichley, J.), the court granted summary judgment in an alleged food poisoning case involving Buffalo Wings.
In this case, the court noted that the Plaintiff’s expert’s report only addressed the fact of the happening of the alleged food poisoning and did not contain a causation opinion linking the Plaintiff’s illness to the Plaintiff’s consuming the Defendant’s food.
The court recognized that, absent an obvious causal relationship, a personal injury Plaintiff must have expert testimony to establish causation.
However, the court found that becoming ill several hours after consuming food is not such a relationship of cause and effect as noted above. Here, the court noted that the causal connection would require guest work and/or conjecture on the part of a jury.
Given the failures of the Plaintiff’s expert report, summary judgment was granted.
Anyone wishing to review a copy of this decision may click this LINK.
I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.