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Jackson v. Nestle-Beich, Inc.
Illinois Supreme Court
589 N.E.2d 547 (1992)
Elsie Jackson (plaintiff) purchased a can of Katydids, which are manufactured by Nestle-Beich, Incorporated (Nestle) (defendant). Katydids are chocolate-covered, pecan and caramel candies. Jackson allegedly broke a tooth after biting into a Katydid that had a pecan shell embedded in the candy. Jackson sued Nestle, making claims for breach of implied warranty and strict products liability. Nestle moved for summary judgment. The trial court granted summary judgment in favor of Nestle based on the foreign-natural doctrine, which provides that a food manufacturer may not be held liable for injuries caused by a substance that is natural to any of a food product’s ingredients. The appellate court rejected the foreign-natural doctrine and applied a reasonable-expectation test, reversing the trial court’s grant of summary judgment. Nestle appealed to the Illinois Supreme Court.
Rule of Law
Holding and Reasoning (Freeman, J.)
Dissent (Heiple, J.)
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