Williams v. Braum Ice Cream Stores, Inc.

REYNOLDS, Judge:

Plaintiff-appellant brought this action against defendant-appellee for breach of implied warranty of merchantability. Defendant’s Motion for Summary Judgment was granted. Plaintiff appeals from that ruling.

The trial court held that a cherry seed or pit found in ice cream made of natural red cherry halves was a substance natural to such ice cream, and as a matter of law defendant was not liable for injuries resulting from such a natural substance.

The uncontroverted facts in the case show that plaintiff purchased a “cherry pecan” ice cream cone from defendant’s retail store in…