SR&A Obtains Defense Verdict in Foreign Object Food Case

Barry Rothman successfully defended Nestle’s Ice Cream Company, the manufacturer and distributor of the Nestle’s Drumstick¬© Triple Chocolate ice cream product, and ShopRite of Monroe, in a suit brought by a consumer who claims to have ingested glass fragments in the pre-packaged cone. The plaintiffs claimed psychiatric and gastro-intestinal injuries, and brought the action on theories of negligence, strict product liability and breach of express and implied warranties. Following an eight-day trial in the New York State Supreme Court, Orange County, and one hour of deliberation, the jury unanimously found for the defendants on all of the causes of action and, in post-trial comments, noted that they did not believe plaintiff’s testimony that there was glass in the product.