(CN) – A turkey manufacturer is entitled to submit evidence in a new trial after a man won his claim that he damaged his teeth by biting into a piece of “hard material,” the Pennsylvania Superior Court ruled.
Nicolas Cave won a jury award of $11,870 on his claim against Wampler Foods Inc. and Pilgrim’s Pride Corp. of Virginia.
The trial court denied Wampler Foods’ motion for a new trial, and Judge Lally-Green reversed the decision.
The judge ruled that the trial court should have included evidence that federal regulations allow for a small amount of bone material in processed meat.
Lally-Green also ruled that the trial court included testimony from Cave on the identity of the offending substance, while disallowing similar testimony on the defendants’ behalf.
In the new trial, Wampler will also have the opportunity to attack the credibility of Cave’s physician, who was in jail at the time of the trial for falsifying records.