Angela and Luis Garcia commenced a lawsuit, in the Kings County Civil Court, against Nestle USA Inc. and ShopRite Supermarkets, seeking to recover damages caused by a defective food product purchased from a ShopRite store.
The Garcias alleged that they had bought -- and one of them had ingested -- a jar of salsa sauce "infested with large insect parts."
The Brooklyn store was a franchise -- an independently owned and operated business -- which utilized the "ShopRite" tradename.
So, whom should the Garcias have sued? The owner of the actual store where the purchase had been made. In this particular instance, the ShopRite in Chester, New York.
And, how did that "stuff" get into the salsa?
As far as we can tell, ShopRite didn't have an answer.
For a copy of the Appellate Term's decision, please use this link: Garcia v. Nestle USA Inc.