Plaintiff was a 27-year-old laborer, who during his lunch break opened a can of beets which his wife had bought the day before at a local supermarket.


Hidden in the can of beets were several sharp pieces of shredded glass. The plaintiff, not noticing the presence of the glass in the can, bit into his food and sustained severe lacerations of the tongue, gums, and other parts of his mouth. Plaintiff’s injuries have caused him to lose several weeks work, and he has suffered severe physical and mental anguish.