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Products Liability Keyed Owen, 8th Ed.
Kolarik v. Cory International Corp.
Citation:
721 N.W.2d 159 (2006)Facts
Douglas Kolarik opened a jar of pimento-stuffed green olives labeled “Italica Spanish Olives” that had been imported and sold at wholesale by the defendants. He used several olives in preparing a salad, and while eating the salad, bit down on an olive pit or pit fragment, fracturing a tooth. The defendants are importers and wholesalers who receive bulk shipments of pimento-stuffed green olives from Spain in large drums. At their plant in Virginia, they empty these drums, wash the olives, and place them in a brine solution in glass jars for retail sale. The defendants inspect the olives for general appearance, pH, and acid level but rely on their Spanish suppliers for quality control of the pitting and stuffing process. According to defendants’ quality control officer, the pitting process is not 100% effective due to variations in olive shapes, making the presence of occasional pits or pit fragments inevitable.
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