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Grady v. Frito-Lay, Inc.

A board-certified otolaryngologist was qualified to express an opinion as to the cause of the esophageal tear suffered by the consumer in response to appellees motion for summary judgment on the basis of appellants' failure to produce any expert report to establish that the corn chips were defective and that that defect caused the harm alleged by appellants.

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� 1 This appeal has been taken from the order which denied the motion of Carl and Diana Grady, hereinafter appellants, to remove a compulsory non-suit entered against them following the conclusion of the trial judge that appellants could not establish causation, an essential element of their cause of action, by reason of the pre-trial ruling excluding the testimony of their two expert witnesses. We are constrained to reverse and remand.

� 2 Appellants filed a six-count complaint *fn1 against appellee Frito-Lay, Inc., claiming that Mr. Grady had suffered an esophageal tear after eating five or six Doritos brand corn chips on April 5, 1993. The appellants alleged in the complaint that while eating the corn chips, Mr. Grady

experienced a sense of something getting stuck in the swallowing process in the area of his esophagus. After trying to alleviate the sensation of the Doritos being stuck and to further swallow what was stuck in his esophagus, Carl R. Grady drank four glasses of water to attempt to alleviate the pricking sensation he felt where some content of the Doritos snack had lodged, with eventual relief of the sensation. After returning home from work on April 6, 1993, Carl R. Grady felt weak, which resulted in his emergency hospitalization later that day, when it was revealed that he had been bleeding internally from an acute gastroesophageal tear.

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