Cheese Co. Can't Damage Alleged Foreign Object For Testing

Law360 (June 13, 2019, 7:02 PM EDT) -- A New York appellate panel on Wednesday denied Schreiber Foods Inc.’s bid to cut a piece of plastic a customer claims was inside a piece of cheese distributed by the company in order to perform additional testing.

Michelle Doerrer filed suit in October 2014 alleging that she choked on an object found in a piece of Swiss cheese made and sold by Schreiber under the Weight Watchers brand. According to the complaint, she had to be taken to the hospital to have the object surgically removed from her esophagus.

In an order Wednesday, the court ruled that Schreiber hadn’t shown that...

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