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ARTICLE ID 162595
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
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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