Steele v. Bell-Carter Foods, Inc. CA1/4
Susan Steele (Steele) cracked her tooth while eating an olive that contained a pit or pit fragment. The olive came from a can processed and distributed by Bell-Carter Foods, Inc. et al. (Bell-Carter). In the underlying personal injury action, the trial court granted Bell-Carter summary judgment, finding that a person injured by the natural part of a food item may not recover damages based on theories of strict liability or breach of warranty. (Mexicali Rose v. Superior Court (1992) 1 Cal.4th 617 (Mexicali Rose).) On appeal, Steele contends that Mexicali Rose should not be applied to bar her claims against Bell-Carter. We reject this contention and affirm the judgment.
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