Legal Opinion

Horowitz v. Schwegmann Bros. Giant Supermarkets, Inc.

Louisiana Court of Appeal

Decided October 10, 1979No. 10350PublishedCited by 3 opinions

1Opinion of the Court

GULOTTA, Judge.

Defendants, Schwegmann Bros. Supermarkets and E.J. Brach and Sons Candy Company, appeal from a judgment awarding ten (10) plaintiffs (members of two *605families) damages for varying degrees of nausea, and in some cases, diarrhea and vomiting resulting from the consumption of worm infested chocolate covered mint candies manufactured by Brach and sold by Schwegmann’s to plaintiffs. We affirm.

It is Schwegmann’s contention that because no evidence was introduced showing that Schwegmann knew or should have known of the presence of the worms in the Brach candy, the trial judge erred in…

2Cases cited9 opinions

  1. Le Blanc v. Louisiana Coca Cola Bottling Co.Supreme Court of Louisiana · 1952
  2. McCauley v. Manda Brothers Provisions Co.Louisiana Court of Appeal · 1967
  3. Loyacano v. Continental Insurance CompanyLouisiana Court of Appeal · 1973
  4. McCauley v. Manda Brothers Provisions CompanySupreme Court of Louisiana · 1968
  5. Gilbert v. John Gendusa Bakery, Inc.Louisiana Court of Appeal · 1962

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3Cited by3 opinions

  1. Duplechain v. Clausing MacHine ToolsLouisiana Court of Appeal · 1982
  2. Greer v. Ouachita Coca-Cola Bottling Co.Louisiana Court of Appeal · 1982
  3. Molaison v. Denny's Inc.Louisiana Court of Appeal · 1991

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