Reyes v. St. Luke's Hospital of Kansas City

NUGENT, Presiding Judge.

After discovery of rodent droppings in his cooked cereal, plaintiff Antonio Reyes and his wife, Maxine Reyes, brought this action against St. Luke’s Hospital of Kansas City, which had served Mr. Reyes the cereal on a breakfast tray while he was a patient there. The action was founded upon the theory of breach of the common law implied warranty of fitness of food for human consumption, and the jury rendered its verdicts in favor of Mr. Reyes and his wife for $35,000 and $9,000 respectively. The trial judge set aside both verdicts and granted the hospital a new trial on…