On February 14, 1999, Garry O. Hickman opened a pack of Big Red gum, which is manufactured

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On February 14, 1999, Garry O. Hickman opened a pack of Big Red gum, which is manufactured by Wrigley. Mr. Hickman purchased the gum at a grocery store on the evening of February 13, 1999. Mr. Hickman unwrapped the package, which was still sealed, and put two pieces of the gum into his mouth. Mr. Hickman provided the following description of the events that occurred after he began to chew the gum:

[A]fter I started chewing the gum I bit down on it, uh, when I bit down on it the tooth exploded in my mouth. I begin to get all of this stuff out of my mouth, tooth fragments all over my mouth and everything. The screw turned up and stuck up in the top of my gum. I had to pull it out which caused me a lot of pain and all and everything and it was very uncomfortable there for a while. Mr. Hickman sought treatment from Dr. Conly on February 18, 1999. One of Mr. Hickman’s bottom teeth was fragmented. Those fragments chipped his top front teeth. Dr. Conly recommended that Mr. Hickman have surgery, which would total approximately $905, to remove the fractured tooth. However, Mr. Hickman had been unable to do so because he could not afford the surgery. His gums stayed sore for several weeks.

Mr. Hickman filed suit against Wrigley. Can he recover? What theories might he try? [Hickman v Wm. Wrigley, Jr. Co., Inc., 768 So.2d 812 (La. App. 2000)]

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