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Forum nameGeneral Discussion
Topic subjectyes/no.
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=4&topic_id=12753811&mesg_id=12754061
12754061, yes/no.
Posted by SoWhat, Tue Mar-17-15 12:37 PM
there won't be any precedent set unless the case is reviewed by some appellate court after it's been through trial court*. if it even gets that far - there will likely be a settlement or dismissal before it goes so far. i say that b/c most civil cases are settled or dismissed before they get to trial.

and the relevant DOH standards may be used by one or both parties to establish the standard of care the restaurant should've used when decontaminating the kitchen.

* - precedent is an actual legal term. it basically refers to law made by certain courts in certain cases that must be followed by judges in later cases. only appellate courts can make this kind of law, generally. trial courts almost never do - and they only do so when answering questions of law not questions of fact. the issues in this case we're discussing are mostly questions of fact - what happened? who is at fault? those aren't legal questions. no precedent will be made when those questions are answered in a trial court. if the case is reviewed by an appellate court(s) after a trial or a dismissal (depending on why it was dismissed) then the appellate court might make new law depending on how it rules on the review.