KILLEEN v. HARMON GRAIN PRODUCTS, INC.


11 Mass. App. Ct. 20 (1980)

413 N.E.2d 767

DOROTHY KILLEEN vs. HARMON GRAIN PRODUCTS, INC. & another.

Appeals Court of Massachusetts, Norfolk.

December 15, 1980.


Attorney(s) appearing for the Case

Mark G. Cerel for the plaintiff.

John B. Johnson for Oakdale Variety Store, Inc.

Louis Barsky for Harmon Grain Products, Inc.

Present: HALE, C.J., ARMSTRONG, & DREBEN, JJ.


ARMSTRONG, J.

In 1972, the plaintiff, then ten years old, fell from a jungle gym while she was sucking a cinnamon-flavored toothpick manufactured by the defendant Harmon Grain Products, Inc., and sold at retail by the defendant Oakdale Variety Store, Inc. She landed face down. The toothpick broke and punctured her lower lip in a manner that left her with a disfiguring linear scar three fourths of an inch long running horizontally beneath her lower lip. By her father...

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