[1] William L. Berg[2] represented Jack A. Clark in the 1992 case of Mexicali Rose v. Superior Court—a Supreme Court of California case that changed state and consumer law.

The bone caused Clark to suffer serious injuries, and he needed three throat operations to repair the damage.

The justices presiding over the case, including Chief Justice Malcolm M. Lucas, ruled in a majority opinion that the restaurant was negligent by leaving the bone in the enchilada, which overturned the precedent established in Mix v. Ingersoll Candy Co. (1936) 6 Cal.2d 674 [59 P.2d 144], a case that set the previous standard for restaurant liability.

[5] Mix v. Ingersoll Candy Co. found that restaurant owners could only be considered negligent if foreign substances were left in food, but natural food parts, such as bones, should be expected.

As a result of this ruling, as well as subsequent rulings based on this case, restaurants and grocery stores in California are held accountable to stricter safety standards—including inspections—to make food safer for customers.