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Shaffer v. Victoria Station, Inc.
Citation:
91 Wash.2d 295, 588 P.2d 233 (1978)Facts
On March 26, 1974, plaintiff Daniel Shaffer ordered a glass of wine at Victoria Station, a restaurant operated by the defendant. While taking his first or second sip of wine, the glass broke in Mr. Shaffer’s hand, resulting in alleged permanent injury. Plaintiff brought an action based on three theories: negligence, breach of implied warranty under the Uniform Commercial Code, and strict liability under Restatement (Second) of Torts Section 402A. The manufacturer of the glass was named as a defendant but was never served. Prior to trial, plaintiff’s attorney indicated he could not prove negligence and took a voluntary nonsuit on that issue, wishing to proceed only on warranty and strict liability grounds. The trial court ruled the case sounded in negligence alone and granted defendant’s motion for dismissal.
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