O'Brien v. Dora Ferguson Catering, Inc.

This report involves an action in which the plaintiff, Donna O’Brien, seeks to recover damages on theories of breach of warranty and negligence for injuries she sustained while eating a chicken pie purchased from the defendant and taken home for consumption.2

Briefly stated, the plaintiff, while at home eating the chicken pie, felt a sharp object in the throat and experienced breathing difficulty. She was taken to the hospital where the object was surgically removed. The object was identified as á bone.

The trial judge found for the plaintiff, holding the defendant liable for both *151breach of…