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MEXICALI ROSE v. SUPERIOR COURT

Docket No. S012707.

1 Cal.4th 617 (1992)

822 P.2d 1292

4 Cal. Rptr.2d 145

MEXICALI ROSE et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; JACK A. CLARK, Real Party in Interest.

Supreme Court of California.

January 23, 1992.

Attorney(s) appearing for the Case

COUNSEL

Kincaid, Gianunzio, Caudle & Hubert, John P. Caudle, Scott A. Bovee and M. David DeSantis for Petitioners.

Steefel, Levitt & Weiss, Leonard R. Stein, and Daryl S. Landy as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

William L. Berg for Real Party in Interest.

Douglas Devries, Leonard Sachs, Bruce Broillet, Laurence Drivon, Robert Steinberg, Roland Wrinkle, Harvey R. Levine and David Harney as Amici Curiae on behalf of Real Party in Interest.

OPINION

LUCAS, C.J.

We granted review to consider the continuing vitality of Mix v. Ingersoll Candy Co. (1936) 6 Cal.2d 674 [59 P.2d 144] (hereafter Mix), which held a restaurant owner was not liable in tort or implied warranty for injury to a patron caused by a chicken bone served in a chicken pie.1 (Id. at p. 682.) Mix distinguished bones and other substances "natural...

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