HKPC won three cases for Bravokilo, Inc., the operator of many Burger King restaurants in Michigan, without even having to appear for oral arguments. Two of the cases were pending in Washtenaw County Circuit Court and the third was filed in Saginaw District Court. Two of the cases alleged food poisoning, and the third was a premises liability action:
In Reid v. Bravokilo, Inc., the plaintiff brought a premises liability action in Washtenaw County Circuit Court, alleging that he fell on a step within the restaurant. After the plaintiff testified at deposition regarding the facts and circumstances of the incident, a motion for summary disposition was filed on the basis that the condition of the premises was open and obvious. Plaintiff’s counsel did not respond to that motion and the court granted summary disposition without requiring oral argument.
In McKissic v. Bravokilo, Inc., the plaintiff alleged that she suffered food poisoning after consuming food from a Burger King restaurant. After obtaining the testimony of the plaintiff under oath, we filed a motion for summary disposition. The primary argument was that the food purchased from Burger King could not have been the source of the bacteria because the incubation period between the time of consumption and the presence of symptoms was insufficient according to the prevailing view of the medical community. The plaintiff initially responded to the motion, but then agreed to dismiss the matter with prejudice on the day before the scheduled hearing date.
In Mahony v. Bravokilo, Inc., the plaintiff filed an action in the Saginaw District Court, alleging food poisoning. We ultimately convinced the attorney for the plaintiff to dismiss the action with prejudice after establishing that the restaurant in question was not operated by Bravokilo, Inc.