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Products Liability Keyed Owen, 8th Ed.
DiGregorio v. Champlain Valley Fruit Co.
Citation:
255 A.2d 183 (1969)Facts
The plaintiffs operated Quality Market in Burlington and purchased bananas from the defendant Champlain Valley Fruit Company. Unknown to the plaintiffs, the defendant had inserted a glass thermometer into one of the bananas. The plaintiffs sold the banana containing the thermometer to Mrs. Barbara Malloy, who injured her teeth when she bit into it. Mrs. Malloy brought an action against the plaintiffs alleging breach of warranty and negligence. The plaintiffs requested that Champlain Valley defend the action, but they refused, forcing the plaintiffs to hire their own counsel. Champlain Valley was later joined as a defendant. The personal injury case was settled without trial, with the plaintiffs contributing $300 and Champlain Valley paying $1,200. The plaintiffs then brought this action to recover their contribution to the settlement plus reasonable expenses.
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