Nicole Frost and Steve Marchand were brother and sister. When their grandfather, Wayne Marchand, was hospitalized for care after a heart attack, the two began to visit him regularly at Laurel Memorial Hospital. One Sunday afternoon, after visiting with their grandfather, Nicole and Steve went to the hospital's cafeteria for a light lunch. A professional foodservice management company operated the cafeteria under contract to the hospital. Nicole and Steve selected their lunches from an assortment of beverages and pre-wrapped sandwiches that were displayed unrefrigerated on a tray in the middle of the cafeteria serving line. The sandwiches were made of ham and cheese, with a salad dressing spread, lettuce, and tomato. Steve paid for the sandwiches, beverages, and some chips; then he and Nicole took a seat in the cafeteria dining room. Approximately four hours after eating lunch, both Steve and Nicole became ill. They determined that they both had suffered a food-borne illness. The two filed suit against the hospital and its contract foodservice management company. When the facts of the case came out, the hospital maintained that, as visitors, not patients, the hospital had no liability toward Nicole and Steve. The foodservice management company operating the hospital cafeteria maintained that its liability extended only to Steve since he was the only guest who in fact purchased food from its service. Management maintained they should not be held responsible for the illness suffered by an individual that they did not actually serve.

QUESTIONS:
1.Was Nicole a guest of the foodservice facility?

2.Should Steve bear partial responsibility for the damage he and Nicole suffered, given that he purchased the sandwiches?

3.What type of liability (from Chapter 6, “Your Responsibilities as a Hospitality Operator”) applies in this case? Why?​