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CONFIDENTIAL Product liability - Food contamination - Strict liability and negligence - Negligent food handling at defendant restaurant results in lobster shell in the plaintiff patron's food - Broken tooth - TMJ.

Harris County, Texas

In this strict liability case, the plaintiff, a small business owner, contended that the defendant restaurant was negligent in its food preparation processes and that the plaintiff suffered injury from a piece of lobster shell that was in her hamburger. The plaintiff brought suit under strict liability and negligence, arguing that the defendant’s food handling procedures were inappropriate. The defendant denied causation of the plaintiff’s injury.

The plaintiff sustained a broken tooth and TMJ as a result of the subject incident. The plaintiff lost the tooth and had to have an implant installed. The plaintiff also underwent TMJ treatment. The plaintiff made no lost wages claim.

The defendant argued that the plaintiff had some prior pain and TMJ treatment; thus, her injury must have been preexisting.

The parties settled the matter prior to trial for a confidential sum.

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