NJ Appellate Court: Hindu Customers Can Sue Restaurant for Serving Meat Pastries

07/19/2011 // WPB, FL, USA // Personal Injury Lawyers News // Nicole Howley

Edison, NJ — An Edison restaurant is now vulnerable to lawsuits brought by Hindu customers who were unknowingly served meat while dinning at the restaurant for a India Day celebration. The group of Hindu customers say they now must travel to India to participate in a purification ritual in India’s Ganges River, as a result of eating the meat pastries, reported NJ.com.

A state appellate court ruled on Monday, July 18, 2011, to reinstate a lawsuit that was filed against Moghul Express, who admitted they accidentally served its 16 Hindu customers meat-filled pastries called samosas. Their religion forbids them to consume anything that is non-vegetarian.

On August 10, 2009, the group reportedly ordered vegetarian samosas, who were assured by the restaurant that they were not made with meat. But, the customers were served the meat-filled pasties, which were on a tray that was labeled as vegetarian. After consuming several samosas they realized the pastries may contain meat and complained. The restaurant acknowledged their mistake that they served them non-vegetarian samosas.

The plaintiffs claim that because they were served the meat-filled pastries, they were harmed spiritually and monetarily, because now they must cleanse themselves of their sins in the Ganges River.

The Hindu customers subsequently filed a lawsuit in the Superior Court, which accused Moghul Express of negligence, negligent infliction of emotional distress, consumer fraud, products liability and breach of express warranty.

The Superior Court judge dismissed the claims, which prompted the plaintiffs to appeal the judgment.

The appellate court said the lawsuit could continue as a breach of express warranty, due to the restaurants assurance that they were being served vegetarian samosas.

The purification ceremony reportedly can last anywhere from three to 30 days, which can cost up to thousands of dollars.

Hindus believe that eating meat affects the purity of their soul, and those who eat meat cannot be with God after death.

Legal News Reporter: Nicole Howley-Legal news for New Jersey lawyers.

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