4791 REVIEW DENIED In an action for damage resulting from food poisoning, liability for breach of the implied warranty of merchantability may be based on reasonable inferences drawn from the evidence; evidence was found sufficient to support the inference that plaintiff's food poisoning resulted from cross-contamination of raw tuna by bacteria found in raw chicken.CitationSARTI v SALT CREEK (Food Poisoning) 167 CA4 1187 [See: Minder v Cielito Lindo 67 CA3 1003; Ley v Bishopp 88 CA 313, Barham v Widing 210 C 206; Auto Equity Sales v Superior Court 57 C2 450]
|
|