Cueto
The parties in a suit brought over a piece of bone that allegedly broke the tooth of a woman eating a Lean Cuisine dinner have ended the case.
Plaintiff Amanda Scott and defense stipulated to its dismissal on Feb. 25.
Scott had sued Nestle USA for damages in excess of $150,000 and costs in 2010 suit.
The dismissal move does not specify any details other than that the parties will bear their own costs.
Scott claimed that Nestle, the maker of Lean Cuisine frozen dinners, negligently allowed a bone fragment to be mixed in with her Lean Cuisine Hunan Stir Fry with Beef.
While eating the dinner in October 2008, Scott, of Bethalto, claims she damaged her tooth on a bone fragment in the meal.
She claims Nestle did not design the dinner properly and that the company failed to warn customers that its dinners might contain bones.
Nestle denied the claims of negligence.
It moved last year to dismiss the case arguing that Scott failed to plead how Nestle was negligent in the incident and that her claims were unclear.
St. Clair County Circuit Judge Lloyd Cueto presides.
Nathan Lanter represents Scott.
John McCollough represents Nestle.
The case is St. Clair case number 10-L-267.