Mexicali Rose v. Superior Court - 1 Cal. 4th 617, 4 Cal. Rptr. 2d 145, 822 P.2d 1292 (1992)

Rule:

If an injury-producing substance is natural to the preparation of the food served, it can be said that it was reasonably expected by its very nature and the food cannot be determined unfit or defective. A plaintiff in such a case has no cause of action in strict liability or implied warranty. If, however, the presence of the natural substance is due to a restaurateur's failure to exercise due care in food preparation, the injured patron may sue under a negligence theory. If the injury-causing substance is foreign to the food served, then the injured patron may also state a cause of action in implied warranty and strict liability, and the trier of fact will determine whether the substance (i) could be reasonably expected by the average consumer and (ii) rendered the food unfit or defective.

Facts:

A restaurant patron brought an action, alleging negligence, strict liability, and breach of implied warranty, against the restaurant for throat injuries he suffered from eating a chicken enchilada containing a one-inch chicken bone. The trial court overruled the restaurant's demurrer to the complaint. The Court of Appeals granted the restaurant's petition for a writ of mandate directing the trial court to sustain the demurrer.

Issue:

May a patron harmed by a substance in served food that is natural to that food state a cause of action under a theory of strict liability or breach of the implied warranties of merchantability or fitness?

Answer:

No.

Conclusion:

The California Supreme Court affirmed the appellate courts ruling sustaining the restaurant's demurrers to the implied warranty and strict liability causes of action because bones can be expected in chicken. In reversing the decision to dismiss the negligence claim, the court overruled Mix v. Ingersoll Candy Co., 6 Cal.2d 674, 59 P.2d 144 (1936) to the extent that it precluded a cause of action in negligence when injuries are caused by substances natural to the preparation of the food served.