FOSS v. CARPENTER ENTERPRISES, INC.


1985 Mass. App. Div. 82 (1985)

Margaret M. Foss vs. Carpenter Enterprises, Inc.

Massachusetts Appellate Division, Western District.

April 23, 1985.


Attorney(s) appearing for the Case

Henry Raphaelson for the plaintiff.

Steven R. Anderson for the defendant.

Present: Turcotte, P.J., Dohoney & Lenhoff, JJ.


Lenhoff, J.

The plaintiff's complaint, sounding in tort, was originally entered in the Superior Court and transferred to the District Court under the provisions of G.L.c. 231, § 102C. The plaintiff seeks monetary damages for personal injury alleged to have been sustained by a bone becoming lodged in her throat while eating fish when dining. In response to such claim, the defendant denies same, contending that it did not breach any warranty made to the plaintiff...

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