Patterson v. Kevon, LLC D/b/a Big Kev's Barbecue.

Summary

The court held that food-poisoning plaintiffs need not conclusively exclude every other reasonable cause of illness to survive summary judgment. The ordinary summary-judgment and circumstantial-evidence standards applied, and the evidence that multiple guests became ill after eating the caterer's food, including two positive salmonella tests, created a jury issue on proximate cause. The court therefore reversed the grant of summary judgment, without deciding any other element of the plaintiffs' claims.