The facts of this case are Tina Koperwas, who purchased a can of Doxsee clam chowder at Publix store. When eating the chowder, she injured one of her molars when she bit down on a piece of clam shell. So Koperwas filed an action against Publix and Doxsee for breach of implied warranty of fitness for human consumption. Koperwas alleged that the chowder “was not fit for use as food, but was defective, unwholesome and unfit for human consumption.”
The question of the law before the court was “whether Publix Supermarkets and Doxsee are liable