DAY V. WAFFLE HOUSE, INC. 743 P.2d 1111 (1987) CASE BRIEF

DAY V. WAFFLE HOUSE, INC.

743 P.2d 1111 (1987)

NATURE OF THE CASE: Day (P) appealed a summary judgment for Waffle (D) in P's suit for an injury she incurred in an automobile accident when P attempted to take a friend to the hospital after the friend was cut by glass in D's restaurant.

FACTS: Freddie went into D and ordered a meal, while P went across the street to a convenience store to make a telephone call. While eating, Freddie discovered broken glass in his food, and began spitting out food, broken glass and blood. P entered the restaurant, discovered Freddie in distress, and observed a bloody napkin with food and broken glass. She then requested that D's employees summon an ambulance. The only out-going telephone line was behind locked doors, and, professing their inability to telephone for assistance, D demanded payment for Freddie's meal. Payment was made, and P placed Freddie in her automobile with the intention to take Freddie to the nearest hospital. En route P entered an intersection adjacent to D on a green light, and another automobile collided with P, causing P and Freddie injury. P and Freddie sued D under a negligence theory. D moved for summary judgment and P put forward that D was liable under the 'rescue doctrine'. The court granted summary judgment and P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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