McCarley v. West Quality Food Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the plaintiff’s inability to show whether his food poisoning was caused by defendant’s chicken or by food eaten at breakfast did not suffice to affirmatively negate the causation element of his negligence claim
• holding that the plaintiff’s inability to show whether his food poisoning was caused by defendant’s chicken or by food eaten at breakfast did not suffice to affirmatively negate the causation element of his negligence claim
• holding the lower court erroneously focused on the non-moving party‟s burden without first determining whether that burden was triggered
• “If the movant does not negate a claimed basis for the suit, the nonmovant’s burden to produce either supporting affidavits or discovery materials is not triggered and the motion for summary judgment fails.”
• a medical expert’s inability to exclude all other possible sources of contamination of food affects weight, not admissibility of expert’s opinion
• describing burden shifting in summary judgment

Source: CourtListener parenthetical corpus (CC0).