Foster v. Po Folks Restaurant

Court of Civil Appeals of Alabama

Foster v. Po Folks Restaurant

675 So. 2d 455, 1996 Ala. Civ. App. LEXIS 76, 1996 WL 40363

CourtCourt of Civil Appeals of Alabama

DecidedFebruary 2, 1996

Docket2941173

StatusPublished

This text of 675 So. 2d 455 (Foster v. Po Folks Restaurant) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foster v. Po Folks Restaurant, 675 So. 2d 455, 1996 Ala. Civ. App. LEXIS 76, 1996 WL 40363 (Ala. Ct. App. 1996).

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Opinion

CRAWLEY, Judge.

In June 1994, Roslyn D. Foster sued Po Folks Restaurant, alleging that the restaurant had negligently inflicted emotional distress on her by serving her food that contained a worm. The Supreme Court transferred this appeal to this court pursuant to Ala.Code 1975, § 12-2-7(6). Our supreme court has held: “There is no cause of action for the negligent infliction of emotional distress.” Allen v. Walker, 569 So.2d 350, 352 (Ala.1990) (emphasis in original). See also Gideon v. Norfolk Southern Corp., 633 So.2d 453 (Ala.1994). Therefore, we affirm the trial court’s entry of summary judgment for Po Folks.

AFFIRMED.

THIGPEN, YATES, and MONROE, JJ., concur. ROBERTSON, P.J., dissents.

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CRAWLEY, Judge.

In June 1994, Roslyn D. Foster sued Po Folks Restaurant, alleging that the restaurant had negligently inflicted emotional distress on her by serving her food that contained a worm. The Supreme Court transferred this appeal to this court pursuant to Ala.Code 1975, § 12-2-7(6). Our supreme court has held: “There is no cause of action for the negligent infliction of emotional distress.” Allen v. Walker, 569 So.2d 350, 352 (Ala.1990) (emphasis in original). See also Gideon v. Norfolk Southern Corp., 633 So.2d 453 (Ala.1994). Therefore, we affirm the trial court’s entry of summary judgment for Po Folks.

AFFIRMED.

THIGPEN, YATES, and MONROE, JJ., concur. ROBERTSON, P.J., dissents.

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Bluebook (online)

675 So. 2d 455, 1996 Ala. Civ. App. LEXIS 76, 1996 WL 40363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-po-folks-restaurant-alacivapp-1996.

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