This section contains the nature of the case and procedural background.

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.

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