Before getting started on our blog entry of the week, good luck to the Houston Astros and the Washington Nationals in the World Series starting tonight. Turning to the blog entry of the week, I really really struggled with what to blog on this week. It wasn’t for lack of cases in my pipeline, I

As is my practice, I have divided this blog entry into four parts: the facts of the case; the issues; the court’s reasoning; and the takeaways. Feel free to read some or all of the blog entry.

Consider the following:


Person has a favorite restaurant. Subsequently, he is involved in an accident and