Killeen v. Harmon Grain Products, Inc.
Massachusetts Appeals Court
1Opinion of the CourtArmstrong, J.
In 1972, the plaintiff, then ten years old, fell from a jungle gym while she was sucking a cinnamon-flavored toothpick manufactured by the defendant Harmon Grain Products, Inc., and sold at retail by the defendant Oakdale Variety Store, Inc. She landed face down. The toothpick broke and punctured her lower lip in a manner that left her with a disfiguring linear scar three fourths of an inch long running horizontally beneath her lower lip. By her father she brought actions against both defendants for negligence and breach of warranty. 2 The trial judge directed verdicts in favor of the…
2Cases cited27 opinions
- Moning v. AlfonoMichigan Supreme Court · 1977
- Back v. Wickes Corp.Massachusetts Supreme Judicial Court · 1978
- Smith v. Ariens Co.Massachusetts Supreme Judicial Court · 1978
- Paula H. Roy v. Star Chopper Company, Inc., and Third-Party v. Ashok Hingorany and Advanced Materials Systems, Inc., Third-PartyCourt of Appeals for the First Circuit · 1978
- Swartz v. General Motors Corp.Massachusetts Supreme Judicial Court · 1978
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3Cited by34 opinions
- Kyte v. Philip Morris Inc.Massachusetts Supreme Judicial Court · 1990
- Town of Westport v. Monsanto Co.Court of Appeals for the First Circuit · 2017
- Evans v. Lorillard Tobacco Co.Massachusetts Supreme Judicial Court · 2013
- Laaperi v. Sears, Roebuck & Co.Court of Appeals for the First Circuit · 1986
- Wasylow v. Glock, Inc.District Court, D. Massachusetts · 1996
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