Duncan v. Campbell Soup Co.
Duncan v. Campbell Soup Co.
Opinion of the Court
This is an appeal from a judgment of the district court dismissing plaintiff’s case for injuries allegedly sustained by him on October 23-24, 1974, when he fell ill after ingesting a can of Campbell’s Pork and Beans. Plaintiff purchased the beans at Zummo’s Super Market, hence Zummo and
From the record it is evident that plaintiff did suffer from gastroenteritis, however, there is no evidence to link the malady with the ingestion of the foodstuff in question. In the instant appeal, there is no showing that “food poisoning” occurred. Indeed, the plaintiff testified that the beans looked, smelled and tasted unspoiled.
The medical expert indicated that gastroenteritis may be caused by a number of things, including, but not limited to post-nasal drip and influenza. Additionally, the expert testified that he could not link Mr. Duncan’s illness with the beans.
We cannot conclude that the trial judge was manifestly erroneous. Canter v. Koehring Co., 283 So.2d 716 (La. 1978); Arceneaux v. Domingue, 365 So.2d 1330 (La. 1978). Accordingly, the judgment of the district court is affirmed.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.