Loya v. Fong

MOLLOY, Judge.

This is an appeal from a judgment rendered on a jury verdict in favor of the defendant. The plaintiffs’ complaint alleges that they purchased three pounds of hamburger at the defendant’s store and became ill as the result of eating same. The complaint sounds in both breach of warranty and negligence.

The defendant’s answer denied negligence and denied, for lack of information, the sale of any product to the plaintiffs on the occasion in question, and any warranty to the plaintiffs.

At the time of pretrial conference, the record shows that the following occurred:

“Defendant further…