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JACKSON v. NESTLE-BEICH, INC.

No. 5-89-0578.

569 N.E.2d 1119 (1991)

212 Ill. App.3d 296

155 Ill.Dec. 508

Elsie M. JACKSON, Plaintiff-Appellant, v. NESTLE-BEICH, INC., Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

March 28, 1991.

Attorney(s) appearing for the Case

William A. Mudge, Lucco and Brown, Edwardsville, for plaintiff-appellant.

Marc A. Lapp, Burroughs, Rimpson, Hepler, Broom & MacDonald, Edwardsville, for defendant-appellee.

Justice CHAPMAN delivered the opinion of the court:

On approximately May 26, 1988, plaintiff bought a sealed can of "Katydids" from defendant. Katydids are a chocolate-covered pecan-caramel candy. Plaintiff bit into one of the candies and allegedly broke a tooth on a hard pecan shell that was embedded in it. Plaintiff filed a two-count complaint; Count I was based on a breach of warranty theory and Count II was based on products liability.

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