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Mann v. D.L. Lee & Sons Inc.

Plaintiffs failed to show a causal connection between the allegedly spoiled ham that they cooked for their Thanksgiving dinner and their resulting illness.

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Ralph Mann, Jr. and his wife, Hermelinda Mann,1 brought this products liability action in Bacon County against D. L. Lee & Sons, Inc., the packers of a ham purchased by the Manns that they alleged was defective. The trial court granted D.L. Lee’s motion for summary judgment, and the Manns appeal. Finding no error, we affirm.

The record shows that Mrs. Mann purchased the ham on November 22, 1995, stored it in her refrigerator, and cooked it the following day for Thanksgiving dinner. No ham was consumed by either of the Manns on Thanksgiving day, and the ham was wrapped in foil and stored in the refrigerator. On November 24, 1995, the day after Thanksgiving, Mrs. Mann warmed portions of the ham, and Mr. Mann ate it for breakfast, along with eggs and grits. The ham did not appear to be bad; it did not look, taste, or smell bad. Several hours later, both Manns became ill with nausea, vomiting, abdominal cramping, and diarrhea. When the symptoms did not improve, they sought medical treatment at the emergency room of the local hospital.

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