Martinez v. Kaune Corp.

OPINION

BIVINS, Judge.

In this wrongful death action, plaintiffs claim their decedent, Alex B. Martinez, fell ill and died after eating “Queso Blanco” cheese manufactured by defendants Max Romero and Genevieve Romero and sold by defendant Kaune’s Food Store. This appeal concerns only the state defendants, in whose favor the trial court granted summary judgment. It raises the issue of whether the waiver of immunity for the negligence of public employees in the operation or maintenance of any building includes the inspections of foods and food manufacturing or processing operations. We hold it…