Subscribe- Plaintiff
- Gonzalez, Roger
- Represented By:
- Grondahl, Paul (Mackey Law Group)
- Defense
- Wendy's International, Inc
- Represented By:
- Lewis, John (Henderson Franklin)
Summary
Plaintiff allegedly bit a Wendy's cheeseburger containing a metal object -- possibly a nail or a staple -- which caused mouth injuries, including dislocation of the temporomandibular joints (TMJ), requiring bilateral surgery.
The defendant claimed that there was no metal piece in a Wendy's hamburger, and if there was one it did not cause TMJ dislocation. A laboratory later found saliva on the metal, but not starch or blood. Also, the defendant asserted that the symptoms of TMJ dysfunction, such as jaw pain, were not reported until months later.
The jury found for the defense, determining that the Wendy's franchisee was not negligent and did not sell a defective hamburger.
Outcome
Verdict for the defense
- Plaintiff
- Defense
- Judge
- Edward Nicholas
- Jurisdiction
- 12th Judicial Circuit of Florida
- Court
- Manatee County Judicial Center
- Case Number
- 2008CA5853
- Industry
- Food
- Practice Area
- Tort Law, Products Liability, Negligence
Sessions
PM Session
Openings
14 Chapters
AM Session
Plaintiff Witness(es)
11 Chapters
PM Session
Plaintiff Witness(es)
7 Chapters
AM Session
Plaintiff Witness(es)
13 Chapters
PM Session
Defense Witness(es)
13 Chapters
AM Session
Closings
8 Chapters
PM Session
Verdict
1 Chapters
Recording Disclaimer: This proceeding was recorded in full.