Meat Samosa Litigation Continues

The New Jersey Appellate Division has reversed in part the grant of summary judgment to a caterer  defendant on the following allegations:

Plaintiffs, sixteen Hindu vegetarians, appeal from an order of summary judgment entered against them dismissing their action premised upon allegations of negligence, negligent infliction of emotional distress, consumer fraud, products liability, and breach of express and implied warranties arising when defendant Asha Enterprises, L.L.C. d/b/a Moghul Express & Catering Co. (Mogul Express), an Indian restaurant, filled their order for vegetarian samosas with meat-filled samosa causing spiritual injuries resulting in damages.

The court held that pre-discovery judgment could not be granted on the breach of express warranty claim. (Mike Frisch)