SOUTHEAST TEXAS RECORD

A Panola County woman is suing over claims her mouth was injured when she bit into an M&M candy that contained a hard metal object.

Diane Tilton filed a lawsuit Oct. 31 in the Marshall Division of the Eastern District of Texas against Mars Inc. and Walmart Stores Inc., citing breach of implied warranty of merchantability.

According to the complaint, Tilton purchased a package M&M candies at Walmart store No. 523 in Carthage on Nov. 2, 2012, and when she began eating the candy, she bit into a piece that contained a hard metal object, resulting in injuries to her mouth, teeth, and gums.

The complaint states the metal object was encapsulated and thus hidden by the candy coating characteristic to M&Ms, which are manufactured by Mars. The defendants are accused of breach of implied warranty of merchantability and strict liability.

Tilton seeks more than $75,000 in damages, including medical expenses, lost earnings, loss of earning capacity and costs of suit. She is represented by attorney Jack Baldwin of Baldwin & Baldwin in Marshall.

Marshall Division of the Eastern District of Texas case number: 6:14-CV-00824-JDL