William W. Stebbins v. Funderburk Management Company, LLC, et al.

Restaurant patron who was served food in which he found a tooth sued the restaurant for negligence, strict liability, breach of warranty, and violation of the Tennessee Consumer Protection Act. He sought compensatory and punitive damages. At trial, the court granted a directed verdict to defendant on the punitive damages and Consumer Protection Act claims and denied plaintiff’s special request that the court instruct the jury that recoverable damages for mental and emotional distress could also include anxiety or concern for others. Plaintiff appeals the grant of the directed verdicts and the failure to give the requested instruction. Finding no error, we affirm.