Williams v. Roche Bros. Supermarkets, Inc.

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. The plaintiff sought damages for the broken tooth caused by the pit.

The trial judge found for the plaintiff and awarded damages in the sum of $18,500…