Tina Keperwes went to a Publix Supermarket (Publix) in Florida and bought a can of Doxsee brand clam
chowder. Keperwes opened the can of soup and prepared it at home. While eating the chowder, she bit down
on a clam shell and injured one of her molars. Keperwes filed suit against Publix and Doxsee for breach of an
implied warranty. In the lawsuit, Keperwes alleged that the clam chowder “was not fit for use as food, but was
defective, unwholesome, and unfit for human consumption” and “was in such condition as to be dangerous to
life and health.” At the trial, Doxsee’s general manager testified as to the state-of-the-art methods Doxsee uses
in preparing its chowder.
Are Publix and Doxsee liable for the injury to Keperwes’s tooth? Keperwes v. Publix Supermarkets, Inc., 534
So. 2d 872 (Fla. Dist. Ct. App. 1988).
Sample Solution