Plaintiff/appellant, Burt Smith and defendant/appellee, Charles Brewer went out to eat at an oyster meal with friends on 10 October 2014. R.R. 1. Upon leaving the restaurant, Smith accepted an offer from a waitress to try a new puffer fish meal called “the puffer.” After consuming the dish, Smith complained to his friends that he thought the dish was making him feel sick and asked one of them to look it up on the Internet. Brewer took it upon himself to research and learned that ingestion of puffer fish can cause numbness, trouble with movement, paralysis, respiratory failure, and even death. Id. Brewer then reported what he had learned to the group, who became concerned and discussed taking Smith to the emergency room. One of the friends,