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Estate of Pinkham v. Cargill, Inc.

55 A.3d 1 (2012)

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Estate of Pinkham v. Cargill, Inc.

Maine Supreme Judicial Court
55 A.3d 1 (2012)

  • Written by Sharon Feldman, JD

Facts

After Stanley Pinkham ate a turkey sandwich, he experienced severe upper-abdominal pain. Doctors found a perforation in Pinkham’s esophagus and a food mass containing bone or cartilage. Pinkham’s estate (the estate) (plaintiff) sued Cargill, Inc., the turkey manufacturer, and Poultry Products of Maine, Inc. (defendants), claiming Pinkham’s injury was caused by a defective product. According to the doctor who removed the substance, Pinkham’s injury was caused by a perforation secondary to a foreign body, and an esophageal perforation could only be caused by aggressive retching or vomiting or a foreign body. There was evidence that the turkey could have contained a larger piece of bone that passed into Pinkham’s stomach. Cargill’s motion for summary judgment was granted. The estate appealed.

Rule of Law

Issue

Holding and Reasoning (Jabar, J.)

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