The caterer may win the case, but with what great legal expenses?
I agree that others bringing food to the event is a contributory negligence, however most caterers do not allow others to bring and serve outside items, whether it be foods or beverages. This is even stated in most catering contracts.
(This is the reason most caterers do not sell food by the pan, they lose all control over temperature and sanitary conditions)
Although all the articles I have read give us little bits and pieces, one of the areas of concern is where the vendor refused to give requested samples to the health department in a timely manner.
Then you have an issue where some states do not elect judges, but rather politically appoint them; then you can have an inexperienced judge in law who has their own interpretation or opinion of the law to deal with. Some of these appointed judges do not know the specific area of law and will make decisions based on personal opinions. You can pay your lawyers to take it to the higher courts for a ruling, but again with great expense.
The bottom line is that even if he wins, his business will always carry the stigma of the guy who made everybody sick.
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