Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.
ARTICLE ID 155920
Product liability - Food contamination - Worm contained in broccoli served at hospital - Nausea - Medical tests performed - Claimed emotional injuries.
Palm Beach County, FL
The plaintiff was a patient in the defendant hospital
where she claimed that she was served broccoli which contained a
green worm. The defendants included the hospital, as well as the
manufacturer and the seller of the pre-packaged hospital food.
The defendant manufacturer assumed the defense of all defendants
at trial. The defendants argued that the food met Federal Food
and Drug Administration (FDA) standards and that the plaintiff
sustained no damages as a result of the incident.
The plaintiff was a female in her mid-40s who was admitted to the
hospital with complaints of lightheadedness, faintness and
tingling in her arms. She testified that she was eating a meal
served in her hospital room when she discovered a green worm,
approximately a half-inch long in her broccoli. The plaintiff
claimed that she had eaten a portion of the worm, became nauseous
and vomited more worms into the toilet.
The plaintiff called a hospital nurse who testified that the
plaintiff pointed out a small, intact worm on the broccoli in her
food tray. She also testified that she inspected the plaintiffs
vomit and did not see additional worms. The plaintiffs
gastroenterologist testified that he performed medical
procedures, including stool samples, blood test and endoscopy as
a result of the worm incident at a cost of approximately $________
to $________.
The plaintiff also claimed emotional injuries which now prevent
her from eating fresh fruits and vegetables. The plaintiff
alleged that she experienced significant weight gain as a result
of the unhealthy diet she now eats. The plaintiff claimed that
her weight increased from ________ pounds to ________ or ________ pounds as a
result of the incident. The plaintiffs husband testified that
the plaintiff is fat and that he is "grossed out" by the thoughts
of having sexual relations with her. The pastor of the
plaintiffs church testified that the plaintiff is precluded from
eating many foods at church Fellowship feasts and that she is
afraid of offending those parishioners who bring the food.
The defendant argued that due to the field grown and harvested
nature of the food, it was impossible to manufacture it fee from
all forms of pests. The broccoli met FDA standards for defect
action levels of 60 milligrams of insects, and was acceptable for
human consumption, according to the defense. The defense argued
that all of the plaintiffs diagnostic tests were negative.
The plaintiffs treating gastroenterologist testified, on cross
examination, that the plaintiffs endoscopy led to a diagnosis of
an unrelated bacteria causing chronic inflammation of the stomach
and that the test would have been warranted regardless of the
worm incident. Defense counsel asked the plaintiff to get onto a
scale, during the trial. The scale showed that the plaintiff
weighed ________ pounds, less than her weight of ________ at the time of
her hospital admission.
The jury found no negligence on the part of any defendant which
was a legal cause of injury to the plaintiff. The plaintiffs
post-trial motions for new trial and JNOV are pending. The
defendants have filed motions to tax costs of approximately
$________.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.