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Lomax, v. Publix Supermarkets, Inc.

District Court of Appeal of Florida, Third District
Jul 7, 2010
37 So. 3d 312 (Fla. Dist. Ct. App. 2010)

Opinion

No. 3D09-3152.

April 21, 2010. Rehearing Denied July 7, 2010.

An Appeal from the Circuit Court for Miami-Dade County, Ronald C. Dresnick, Judge.

Mattie Lomax, in proper person.

Quintairos, Prieto, Wood Boyer, Philip J. Kantor and Andrew S. Connell, Jr., Fort Lauderdale, for appellee.

Before COPE, WELLS, and ROTHENBERG, JJ.


The order under review is affirmed. As Doyle v. Pillsbury Co., 476 So.2d 1271, 1272 (Fla. 1985), explains:

A producer or retailer of food should foresee that a person may well become physically or mentally ill after consuming part of a food product and then discovering a deleterious foreign object, such as an insect or rodent, in presumably wholesome food or drink. The manufacturer or retailer must expect to bear the costs of the resulting injuries.

The same foreseeability is lacking where a person simply observes the foreign object and suffers injury after the observation. The mere observance of unwholesome food cannot be equated to consuming a portion of the same. . . . When a claim is based on an inert foreign object in a food product, we continue to require ingestion of a portion of the food before liability arises.


Summaries of

Lomax, v. Publix Supermarkets, Inc.

District Court of Appeal of Florida, Third District
Jul 7, 2010
37 So. 3d 312 (Fla. Dist. Ct. App. 2010)
Case details for

Lomax, v. Publix Supermarkets, Inc.

Case Details

Full title:Mattie LOMAX, Appellant, v. PUBLIX SUPERMARKETS, INC., a Florida…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 7, 2010

Citations

37 So. 3d 312 (Fla. Dist. Ct. App. 2010)

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