Anita Dhar and Luke Stauffer successfully defended a seafood distribution company against strict liability and negligence claims. The plaintiff sued the seafood distributor after a fishbone became lodged in plaintiff’s throat during a meal at a local restaurant. Dhar and Stauffer moved for summary judgment, asserting Iowa law exempts businesses working solely as distributors or wholesalers from strict liability and that the company followed all industry and governmental labeling standards. At the hearing on the motion for summary judgment, Dhar and Stauffer argued that plaintiff failed to create a question of fact regarding whether the seafood company had negligently labeled their product packaging. The Iowa District Court for Polk Count agreed and granted the motion for summary judgment against the distributor.
Kevin Bower v Endeavor Seafood, Inc. LACL 131179