Hollinger v. Shoppers Paradise of New Jersey, Inc.
Hollinger v. Shoppers Paradise of New Jersey, Inc.
Opinion of the Court
The judgment of the trial court is affirmed substantially for the reasons set forth in the comprehensive opinion of Judge Eosenberg.
In analyzing the various approaches to the trichinosis problem it should be remembered that the eases fall into three basic categories: (1) pre-cooked pork products; (2) restaurant consumption of pork, and (3) pork products intended to be cooked by the retail purchaser before consumption. It is the last category that presents itself in this case.
Counts one and two of the amended complaint are sounded in strict liability in tort and breach of warranty, respectively.
It should further be noted that the record in this case provides no unique factual setting nor any scientific, statistical or commercial information of sufficient breadth and depth for this court to presently consider other alternatives — e. g., written warnings to retail purchasers, of pork — based upon social conisderations of health or consumer protection.
Affirmed.
Different conditions apply where a plaintiff unknowingly buys meat containing pork. Mouren v. The Great Atlantic and Pacific Tea Co., 139 N. Y. S. 2d 375 (Sup. Ct. 1955), judgment modified insofar as awards were excessive, 1 App. Div. 2d 767, 148 N. Y. S. 2d 1 (App. Div. 1956); aff’d as mod. 1 N. Y. 2d 884, 154 N. Y. S. 2d 642, 136 N. E. 2d 715 (Ct. App. 1956).
Reference
- Full Case Name
- ERIC HOLLINGER, FRANK HOLLINGER, MONIKA HOLLINGER, HEIDE HOLLINGER, INFANTS BY THEIR GUARDIAN AD LITEM FRANK HOLLINGER, FRANK HOLLINGER, INDIVIDUALLY, AND GISELA HOLLINGER AND FRANK HOLLINGER, HER HUSBAND v. SHOPPERS PARADISE OF NEW JERSEY, INC., DEFENDANT-RESPONDENT
- Cited By
- 2 cases
- Status
- Published