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ARTICLE ID 127592

: $________ against Defendant GMRI, Inc. only. for Defendant Fresh Unlimited, Inc. - Glass in Restaurant Salad Prompts Products Liability Claim

Mecklenburg County

Facts: A high school senior ingested glass pieces while eating a salad at an _____ ______ __________. The young woman claimed the salad was served with the glass pieces in the mix. The restaurant and the produce provider denied the glass was in the salad at the time the mix was served. A Mecklenburg County jury deliberated for approximately 4 hours before awarding plaintiff $________ against the restaurant owner.

On July 18, ________, Plaintiff _______ _. Ingram was dining with her family at a Defendant ____ restaurant, the _____ ______ _______ __________, located in _________. While eating her salad, Plaintiff felt a hard crunch. She then reportedly pulled a piece of glass from her mouth and gasped, causing her to swallow everything that she was chewing. Additional pieces of glass were discovered in the salad by _____ ______ employees. Plaintiff immediately presented to an emergency department for evaluation. X-rays obtained revealed she ingested four or five small pieces of glass. The salad served to plaintiff had been purchased as a prepackaged mix from Defendant _____ _________, Inc. d/b/a ________ _____.

Plaintiff asserted negligence claims against both defendants. She alleged Defendant ____ was negligent in its failure to properly prepare and inspect the salad before serving it and also that ____ breached the implied warranty of merchantability by serving a salad with glass shards embedded in it. Plaintiff further claimed that Defendant _____ _________ breached the implied warranty of merchantability by selling a prepackaged mix to _____ ______ with glass embedded in it and was negligent in its failure to properly prepare and inspect the salad prior to selling the mix.

Defendants denied that the glass found in the plaintiff’s salad was in the mix when the salad was served. They claimed that a glass at a neighboring table had broken, which was the likely source of the glass in the salad. They argued that no glass was reported by any of the other customers who had eaten from the same salad mix, no glass was found in the remaining salad and no glass was reported by other restaurants that received the salad from _____ _________. Defendants further denied that the incident was the proximate cause of plaintiff’s post-traumatic stress disorder (PTSD) and claimed that the ____ was due to other unrelated events in her life.

Alleged Injury: Plaintiff was hospitalized for four nights to track glass as it moved through her digestive system and suffered post-traumatic stress disorder (PTSD). Her claimed medical and psychological expenses were $________.

Jury Deliberations: 4 hours

Editor’s Notes: Per defense counsel ______, a ______ to ___ _____ by Defendant _____ _________ against plaintiff was pending at the time of editing this case for publication.

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