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Products Liability Keyed Owen, 8th Ed.
Kroger Co. v. Beck
Citation:
375 N.E.2d 640 (1978)Facts
On October 31, 1976, Phyllis Beck purchased a pre-packaged sirloin steak from a Kroger grocery store. While eating the steak at dinner, she felt a sharp pain in the back of her throat when she placed the second bite into her mouth. She immediately removed the piece of steak, ran to the bathroom, and vomited violently. She discovered that an inch-long piece of metal, which was the tip of a large hypodermic needle used for injecting animals, had punctured her throat. Beck administered self-treatment by gargling with Listerine for a month. Although her physical injury healed, she developed a fear of eating meat and continued to experience anxiety about similar incidents occurring. Her husband corroborated her account, testifying that the incident “took the fun out of eating for some time” and that having meat became “a bone of contention” in their household.
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