(CN) – A New Jersey appeals court revived a lawsuit by 16 Hindu vegetarians who sued a restaurant that served them meat-filled samosas.
Durgesh Gupta and 15 others sued Moshul Express & Catering of Edison, N.J.
The plaintiffs claimed they suffered spiritual injuries as a result of their consumption, and that they will have to spend money on a trip to India to be purified.
“Hindu vegetarians believe that if they eat meat, they become involved in the sinful cycle of inflicting pain, injury and death on God’s creatures, and that it affects the kharma and dharma, or purity of the soul,” their complaint states.
Samosas are triangular stuffed pastries that are popular as snacks in Southeast Asia, and, more recently, in U.S. restaurants.
The plaintiffs claimed that the restaurant had assured them that the somosas were vegetarian and that it did not even offer a meat-filled variety.
The plaintiffs sued for product liability, consumer fraud, negligent infliction of emotional distress, negligence and breach of warranty.
The restaurant manager testified that the plaintiffs’ order got mixed up with another group’s order that contained meat.
The trial court dismissed the case on summary judgment, but the appellate division reversed, saying the plaintiffs can proceed with the breach-of-warranty claim.
A three-judge panel found that the plaintiffs had presented prima-facie evidence of a warranty that the food was vegetarian.
“Because discovery has not commenced in the matter, we cannot determine what consequential damages were foreseen at the time of the sale of the samosas in the event of a breach,” Judge Edith Payne wrote for the court. “We thus reverse summary judgment on the plaintiffs’ breach of express warranty claim and remand for further proceedings.”