Crankshaw v. Piedmont Driving Club, Inc.

156 S.E.2d 208 (1967)

Facts

P and Harris were eating at a restaurant owned by D. Harris became ill and went to the restroom. Eventually, P went to check on Harris and when entering the restroom slipped and fell on Harris’ vomit. P broke her hip. P sued D alleging that D’s unwholesome, deleterious food was the proximate cause of her injury. D filed a general demurrer, and the trial court dismissed the complaint for failure to state a claim upon which relief may be granted. P appealed.