MEXICALI ROSE

MEXICALI ROSE - 1 Cal.4th 617 822 P.2d 1292 4 Cal.Rptr.2d...

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1 Cal.4th 617, 822 P.2d 1292, 4 Cal.Rptr.2d 145, 60 USLW 2508, 16 UCC Rep.Serv.2d 607, Prod.Liab.Rep. (CCH) P 13,026 MEXICALI ROSE et al., Petitioners, v. The SUPERIOR COURT of Alameda County, Respondent; Jack A. CLARK, Real Party in Interest. No. S012707. Supreme Court of California, In Bank. Jan. 23, 1992. Facts Jack A. Clark, was a customer at petitioners' (defendants') restaurant. He ordered a chicken enchilada and sustained throat injuries when he swallowed a one-inch chicken bone contained in the enchilada. He brought an action for damages based on theories of negligence, breach of implied warranty, and strict liability. Plaintiff also asserted he did not expect to find a bone, and it is not common knowledge there may be bones in chicken enchiladas. Issues Is the restaurant owner held liable for the bone that was left in the enchilada? Rules Liabilities for injuries. Merchantability. Breach of implied warranty--"natural" object in food
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This note was uploaded on 08/28/2010 for the course BUSE 140 taught by Professor Jefferies during the Spring '08 term at San Diego.

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MEXICALI ROSE - 1 Cal.4th 617 822 P.2d 1292 4 Cal.Rptr.2d...

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