Mexicali Rose v. Superior Court
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Mexicali Rose v. Superior Court, 1 Cal. 4th 617 (1992), was a Supreme Court of California case in which the court’s decision held that restaurants, grocery stores, and other food service establishments in California can be held liable for injuries sustained by patrons from foreign objects—including natural food parts—that are left in food.[1]
Quick Facts Mexicali Rose v. Superior Court, Decided January 23, 1992 ...
Mexicali Rose v. Superior Court | |
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Decided January 23, 1992 | |
Full case name | Mexicali Rose et al., Petitioners, v. The Superior Court of Alameda County, Respondent; Jack A. Clark, Real Party in Interest. |
Citation(s) | 4 Cal. Rptr. 2d 145, 822 P.2d 1292 |
Case history | |
Prior history | Appeal from a judgment upon a jury verdict in favor of plaintiff |
Subsequent history | none |
Holding | |
If the presence of a natural food substance is due to a restaurateur's failure to exercise due care in food preparation, the injured patron may sue under a negligence theory. | |
Court membership | |
Chief Justice | Malcolm M. Lucas |
Associate Justices | Marvin R. Baxter, Joyce L. Kennard, Edward A. Panelli, Ronald M. George, Stanley Mosk, Armand Arabian |
Case opinions | |
Majority | Lucas |
Concurrence | Panelli, Baxter, George |
Concurrence | Kennard |
Dissent | Mosk |
Dissent | Arabian |
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