Foss v. Carpenter Enterprises, Inc.

The plaintiffs complaint, sounding in tort, was originally entered in the Superior Court and transferred to the District Court under the provisions of G.L. c. 231,.§ 102C. The plaintiff seeks monetary damages for personal injury alleged to have been sustained by a bone becoming lodged in her throat while eating fish when dining. In response to such claim, the defendant denies same, contending that it did not breach any warranty made to the plaintiff or that it was negligent in the preparation or serving of food to her.

*83After hearing, the Trial Court found for the plaintiff and assessed damages…