Coulter v. American Bakeries Co.
Court of Appeal of Florida, First District
530 So. 2d 1009 (1988)
Relevant factsFree
Coulter (plaintiff), unable to chew due to an abscessed tooth, softened doughnut pieces from ABC (defendant) with milk before swallowing them, and because she wasn't chewing, didn't detect a metal wire baked into the doughnut that became stuck in her throat; a jury found ABC liable for breach of implied warranty but reduced her damages by 80 percent for comparative negligence based on how she ate the doughnut.
IssueFree
Whether, in a products-liability suit, the issue of the plaintiff's comparative negligence should be submitted to the jury if there is no evidence tending to prove it.