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WILLIAMS v. ROCHE BROTHERS SUPERMARKETS, INC.

1999 Mass. App. Div. 174 (1999)

Charlotte Williams v. Roche Brothers Supermarkets, Inc. v. Rykoff-Sexton & Company

Massachusetts Appellate Division, Southern District.

July 20, 1999.

Attorney(s) appearing for the Case

Michael L. Mahoney for the defendant.

Brian A. Gillis for the third-party defendant.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.

Welsh, J.

This action sounds in tort for negligence and for breach of warranty of merchantability. G.L.c. 106, §2-314.

The plaintiff purchased a lemon chicken dinner at the defendant's supermarket. The dinner contained a maraschino cherry used as a garnish. The maraschino cherry used contained a pit. The maraschino cherry was obtained from a distributor who was named as a third-party defendant by the supermarket. The maraschino cherry was sold as pitted...

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