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Publish Date: 
Wednesday, May 30, 2018

On May 29, 2018, Cooch and Taylor attorney Blake A. Bennett successfully defended the Hershey Company in a one day trial in Georgetown, DE.  The plaintiff had alleged that her dog died as a result of eating a piece of gum manufactured by Hershey that contained the artificial sweetener xylitol.  She alleged that Hershey failed to warn consumers that xylitol might be harmful to dogs. 

Through cross-examination, Mr. Bennett was able to establish that the plaintiff lacked any evidence that the dog had actually eaten the gum manufactured by Hershey or (even if it had) that the gum had harmed the dog.  In a one page opinion, the judge concluded that: "While [Plaintiff] did submit receipts from a veterinarian that implied Petra died from Xylitol, this out of court statement is not permitted under the Rules of Evidence as it is considered hearsay. Absent expert testimony in court and subject to cross examination by Defendant, causation of death has not been proven."

The plaintiff has fifteen days to appeal the judge's decision.