Ford v. Miller Meat Co.
California Court of Appeal
33 Cal. Rptr. 2d 899 (1994)
- Written by Mike Begovic, JD
Facts
Grace Joyce Ford (plaintiff) purchased packaged ground beef from a store, Alpha Beta (defendant). While preparing the meat, Ford tried a small portion. As Ford was biting down, she encountered something hard and broke her tooth. Ford noticed a tiny bone fragment when she spit out the meat. Ford filed suit against Alpha Beta and Miller Meat Co. (Miller) (defendant), the supplier of the meat. Ford’s causes of action included strict product liability, breach of warranty, and negligence. At trial, Ford testified as to her own experience, but presented no other evidence. Alpha Beta presented its meat manager as a witness, who opined that it was not likely something larger than three or four millimeters would pass through the meat grinding plate. The trial court awarded judgment to Alpha Beta and Miller, finding that the theories of strict liability and breach of implied warranty did not apply. The trial court also ruled in favor of Alpha Beta and Miller on the negligence count, concluding that no person would have a reasonable expectation that a bone fragment that small would never appear in meat. Ford appealed, arguing that the bone fragment, as a foreign substance, made the meat unfit for consumption, thereby subjecting Alpha Beta to strict liability and breach of implied warranty.
Rule of Law
Issue
Holding and Reasoning (Sonenshine, J.)
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