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Products Liability Keyed Owen, 8th Ed.
Coulter v. American Bakeries Co.
Citation:
530 So. 2d 1009 (1988)Facts
Gladys Coulter purchased doughnuts manufactured by American Bakeries Company that were sealed in their original package. Due to an abscessed tooth and sore jaw, Coulter consumed the doughnuts by breaking off pieces with her fingers, placing them in her mouth, and allowing them to dissolve with milk sipped through a straw rather than chewing them with her teeth. This dissolving quality was specifically why she had chosen that particular product. While consuming the doughnut, she felt something stick in her throat and immediately stopped eating. X-rays later revealed that she had consumed a piece of doughnut containing a metal wire, which caused her injury. Coulter filed a complaint alleging breach of implied warranty, claiming the doughnuts were unfit for human consumption. American Bakeries asserted comparative negligence as an affirmative defense, alleging Coulter was negligent in not properly chewing the doughnut.
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