Mexicali Rose v. Superior Court

Opinion

LUCAS, C. J.

We granted review to consider the continuing vitality of Mix v. Ingersoll Candy Co. (1936) 6 Cal.2d 674 [59 P.2d 144] (hereafter Mix), which held a restaurant owner was not liable in tort or implied warranty for injury to a patron caused by a chicken bone served in a chicken pie.1 (Id. at p. 682.) Mix distinguished bones and other substances “natural” to certain types of food, from “foreign substances” (such as a nail, wire or glass), which Mix determined cannot be anticipated by a reasonable consumer.2 Mix concluded that “[b]ones which are natural to the type of meat…