LIVINGSTON V. MARIE CALLENDERS, INC.
85 Cal. Rptr. 2d 528 (1999)
NATURE OF THE CASE: Livingston (P) appealed an order striking his strict liability cause
of action and dismissing Marie (Ds) in P's suit alleging that he suffered a severe reaction
after consuming a bowl of soup containing monosodium glutamate.
FACTS: P went to D for lunch. P told the waitress he had asthma and he wanted to know if
the soup contained MSG. The waitress assured P the soup did not contain MSG. P ordered and
consumed the soup. The soup did contain MSG and P suffered MSG symptom complex including,
but not limited to, respiratory arrest, hypoxia, cardiac arrest, and brain damage. P sued
and alleged the presence of MSG in the soup rendered it defective and unfit for human
consumption. P also asserted causes of action for negligence, breach of implied warranty,
breach of express warranty, negligent misrepresentation, and intentional spoliation of
evidence. The trial court struck P's causes of action with the exception of his negligence
claim and dismissed all Ds except Marie Callenders No. 24, the restaurant. The trial court
concluded 'there was nothing wrong with the soup, or the MSG in the soup. P appealed
contending that a strict liability failure to warn action was warranted from the facts.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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