[Download] "Chromy v. Lawrance" by Second Appellate District, Division Six Court of Appeal of California " eBook PDF Kindle ePub Free
eBook details
- Title: Chromy v. Lawrance
- Author : Second Appellate District, Division Six Court of Appeal of California
- Release Date : January 11, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
We granted review to consider the continuing vitality of Mix v. Ingersoll Candy Co. (1936) 6 Cal. 2d 674 [59 P.2d 144] (hereafter Mix), which held a restaurant owner was not liable in tort or implied warranty for injury to a patron caused by a chicken bone served in a chicken pie. ( at p. 682.) Mix distinguished bones and other substances "natural" to certain types of food, from "foreign substances" (such as a nail, wire or glass), which Mix determined cannot be anticipated by a reasonable consumer. Mix concluded that "[b]ones which are natural to the type of meat served cannot legitimately be called a foreign substance, and a consumer who eats meat dishes ought to anticipate and be on his guard against the presence of such bones." (6 Cal. 2d at p. 682.) Under Mix, therefore, a substance causing injury that is natural to the food served can never lead to tort or implied warranty liability.