Craig v. Albertson's Southco, Inc.

PRICE, Judge.

Plaintiffs instituted this suit against defendants for damages consisting of physical distress and suffering, mental anguish, embarrassment, and humiliation resulting from the discovery of a worm in a can of corn they intended to serve at a dinner party. The can was purchased at Albert-son’s and manufactured by Oconomowoc. Oconomowoc filed an exception of no cause of action contending that under Louisiana jurisprudence a plaintiff can recover from the manufacturer of packaged food only if the contents are consumed and the consumption causes an injury. The trial court sustained…