RE-write and re analyze this case in one page from business law perspective

Harris-Teeter , Inc V . Esther S . Burroughs

Supreme Court of Virginia

Facts

Plaintiff , visited a friend and had a slice of birthday cake which was purchased from the Defendant /bakery . The following facts were disclosed at trial and remain undisputed . It is undisputed that small plastic birds were part of the decorative ensemble of the cake theme . It is further not disputed that the baker ed the small plastic birds from the manufacturer in the ordinary course of business for the purpose of cake decorating and not consumption . It is also not

disputed that the defendants baker did testify that he placed the plastic birds on top of the cake

Issue

Should the court find the defendant liable for placing a plastic ornament in plaintiff 's cake

Answer

Yes

Reason

This case involves the not so unique analysis comparing the harm of an item versus the potential harm to the plaintiff resulting from the improper use of the item . Simply stated , the plastic birds , placed on top of the cake were merely decorative and therefore deemed harmless They are harmless however because they are meant to be placed on top of the cake . Here however , the plastic birds were placed within the body of the cake thus causing colon surgery to the plaintiff . Clearly then the plastic bird was not placed on the top of the cake as a decorative piece and was not used according to normal usage and custom in the cake baking industry . Here , contrary to Logan v...