Thomas Woeste ordered raw oysters at Washington Platform Saloon and Restaurant. After eating the oysters, Woeste died as a result of contracting the bacterium Vibrio vulnificus. Vibro vulnificus is a naturally occurring bacterium that grows in oysters harvested in warm water. It has minimal effects on healthy people, but can be dangerous to people with compromised immune systems.
Woeste suffered from hepatitis C and cirrhosis of the liver, which made him susceptible to Vibro. Woeste's estate claimed that Washington Platform was both negligent and strictly liable for not providing adequate warning about the dangers of raw oysters. Washington Platform made a motion for summary judgment on the ground that it did provide a warning against eating raw seafood on its menu and that Woeste did not read the warning before ordering oysters.
The motion for summary judgment was granted for Washington Platform and Woeste appealed. Discuss the outcome of Woeste's appeal.