This section contains the nature of the case and procedural background.

P seeks to recover for injuries to his teeth and gums which were allegedly suffered while he was eating the contents of a can of D's Oyster Stew Soup. The object that caused the damage has been identified as a small irregularly shaped oyster pearl. P has sued in strict liability in tort and negligence in the manufacture and labeling of this product. D has moved for summary judgment under the foreign natural doctrine. Under that doctrine, D claims that the soup is not defective as D cannot be held liable for injuries from substances natural to the food.

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