07-18-11 DURGESH GUPTA, ET AL. VS. ASHA ENTERPRISES, L.L.C. d/b/a MOGHUL EXPRESS & CATERING, CO.
A-3059-09T2
In this opinion, we discuss whether vegetarian Hindus, mistakenly served meat-filled samosas, can recover damages for their emotional distress and the costs that they would incur in obtaining purification of their souls in India. We affirmed the dismissal of plaintiffs' claims for products liability, consumer fraud and negligent infliction of emotional distress. However, we recognized their claim for breach of express warranty, and we held that damages for emotional distress, if proven, were available. We held additionally that, to prevail on their claimfor purification costs, plaintiffs would have to establish that such damages were reasonably foreseeable to the contracting parties at the time that the sale of the samosas took place.
