Stark v. Chock Full O'Nuts

In this action based upon negligence and breach of warranty of fitness, the plaintiff testified that her tooth was injured when she bit into a ‘ ‘ nutted cheese ’ ’ sandwich that contained a large, hard walnut shell, which shell was immediately turned over to defendant. Upon appeal, the defendant only raises two issues. First of all, an issue is raised as to whether the complaint should have been dismissed on the ground that the piece of walnut shell did not render the sandwich unfit for human consumption. Secondly, a question is presented as to whether the trial court erred in directing a…