Valenti v. Great Atlantic & Pacific Tea Co

In Valenti v. Great Atlantic & Pacific Tea Co., 207 A.D.2d 340 (2d Dept. 1994) the Court held that plaintiff could not recover damages for personal injuries, namely, nausea, vomiting, and diarrhea, which allegedly resulted from her seeing and/or eating worm which was contained in a can of string beans because she failed to submit any probative evidence which would have established that her symptoms were caused by a foreign object in the can of beans. The Court noted that the mere fact that the plaintiff became nauseous about one-half hour after consuming some of the contents of the can is insufficient to withstand the defendants' motion for summary judgment. "There are many different causes of nausea, vomiting and stomach distress". Id.