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A woman purchases doughnuts sealed in their orig- inal package. She opens the package in her automo- bile and in the course of driving consumes
A woman purchases doughnuts sealed in their orig- inal package. She opens the package in her automo- bile and in the course of driving consumes several pieces of one doughnut by breaking them off with her fingers and popping them into her mouth. Because of an abscessed tooth and sore jaw, she sips milk through a straw, allowing the doughnut to dissolve in her mouth, rather than chewing the doughnuts. It is the dissolving nature of the dough- nut that prompts her to buy this particular product. Shortly after beginning to consume the doughnut, she feels something stick in her throat and imme- diately suffers indigestion. It is discovered through x-rays the same day that the woman had consumed a piece of doughnut that contained a metal wire and caused her subsequent injury. Do you think the manufacturer is justified in claiming contribu- tory or comparative negligence? Coulter v. American Bakers Co., 530 So.2d 1009 (Florida 1988)
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