JOHNSON v. SOUTH PACIFIC CANNING CO.

No. 90 CA 0365.

580 So.2d 556 (1991)

Viola JOHNSON v. SOUTH PACIFIC CANNING COMPANY.

Court of Appeal of Louisiana, First Circuit.

May 16, 1991.


Attorney(s) appearing for the Case

Jewel E. Welch, Baker, for plaintiff-appellee Viola Johnson.

W. Paul Wilkins, New Orleans, for defendant-appellant South Pacific Canning Co.

Before LOTTINGER, SHORTESS and CARTER, JJ.


SHORTESS, Judge.

The facts of this case are simple and for the most part undisputed. Viola Johnson (plaintiff) purchased a can of "Breast O'Chicken Chunk Light Tuna" from a local A & P grocery in Baton Rouge on July 1, 1987, went to her mother's home, opened the can, and in the presence of her mother and sister, began eating the tuna product (with a fork) directly from the can.1

Plaintiff had eaten about half of the can of...

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