Harris-Teeter, Inc. v. Burroughs

On December 22, 1988, the plaintiff, Esther S. Burroughs, filed this negligence action against the defendant, Harris-Teeter, Inc., seeking damages for personal injuries allegedly sustained by the plaintiff when she swallowed a plastic ornament used by the defendant to decorate a birthday cake. A jury returned a verdict in favor of the plaintiff for $20,000. The trial court entered judgment on the verdict, and we awarded the defendant an appeal.

The evidence shows that the defendant operates a grocery store in Danville. On December 27, 1986, the plaintiff’s daughter-in-law, Vicki Burroughs,…