Proof That Some People Will Sue Over Anything!

[becka]

http://abcnews.go.com/wire/US/ap20030204_826.html

Couple Sues McDonald's Over Tough Bagel


A couple is suing the franchisee of a McDonald's restaurant, claiming an improperly prepared bagel damaged the husband's teeth and their marriage.

John and Cecelia O'Hare sued Friday for unspecified damages more than $15,000. They alleged the McDonald's, owned by Johnstone Foods Inc., was negligent and violated an "implied warranty that the food sold was reasonably fit for human consumption."

They contend in the suit that John O'Hare broke teeth and bridgework on Feb. 1, 2002 when he bit into the bagel. The suit did not say what exactly was wrong with the bagel.

The suit alleges the wife "lost the care, comfort, consortium and society of her husband." The couple's attorney, Tim Warner, did not return telephone messages left at his office.

Tracey Johnstone, owner of Johnstone Foods, said she never before had a bagel complaint and had no idea how it could have been prepared in a way that would damage teeth.

"It's a bagel," she said.

 

[RitaZ.]

The suit alleges the wife "lost the care, comfort, CONSORTIUM and society of her husband."

He needed his teeth for that?

 

[Serena]

Oh please!!!!!

 

[pollyanna]

I'm sorry...but I kinda agree.... My DH won't buy that bagel sandwhich (he eats breakfast on the road a lot) because he says the bagels are too HARD!

 

[Steve H.]

Damaged his teeth, I can understand -- but damaging their marriage????

 

[Miss Jasmine]

Attorney's like to add that consortium thing to everything. As for the bagel...oh please, but I can see the new wrapper now...WARNING: CONTENTS MAY BE HARD.

 

[TheLionKing]

Originally posted by pollyanna
I'm sorry...but I kinda agree.... My DH won't buy that bagel sandwhich (he eats breakfast on the road a lot) because he says the bagels are too HARD!

I was confused, you agree the bagels are hard or you agree that this is a valid lawsuit?


Seems to me the guy had some faulty bridge work. How many bagels do you think have been eaten by people with bridges over the years? Do we design our society so that events that are 1 in a million never happen????????

No doubt what they really want is reimbursement for the dental work to repair this problem. Maybe McDs will be a sport and kick in 100 bucks towards it for "goodwill". I do not think that the Bagel was 100% of the problem.

Well, I suppose if they don't win their suit with McDonald's, the Dentist is next...or for all we know, the dentist is already a co defendant.

Please pick me for that jury. I can be impartial but I won't let emotions sway my judgement.

 

[Briar Rose 7457]

Becka, I have to strongly disagree with you!!!!!!!!!!!!!!!!!!!!!!

have you ever put a bagel into a microwave? if you overprocess it, it turns into a rock. I'm not kidding. it becomes impossible to bite. when you go into a fast food place and order a bagel, you expect it to be edible.

if that's what happened, and the guy broke two teeth on this bagel, he has every right to complain loud and long. frankly I don't know what they claim was wrong with the bagel.


he's suing for $15,000. which means he's looking to settle for $5,000. not an unreasonable sum, cosnidering the dental work he requires.

and by the way, Rita, "loss of consortium" means ALL services he renders to his wife -- so if he couldn't stop at the grocery store to buy milk because he was at the dentist having his teeth repaired, his wife is legally entitled to compensation commensurate with whatever loss she sustained.


the only reason this story is getting media attention is because the defendant is McDonald's. if the defendant were Joe's Diner is East Nowhereville, no one would be interested.

I

 

[becka]

I know that bagels can be plenty hard and I expect that a fast food place is probably not going to have the freshest bagels around. Those McDonalds bagel sandwich things are hard to eat. If they are looking for money to help with dental fees then I can see that perhaps they have a case against McDonald's but I think the fault probably lies with the dentist. However, I think to state that they should be paid because it damaged their marriage is just ridiculous.

 

[Miss Jasmine]

Funny how lawyers view the world so differently.

 

[Jeafl]

I heard on the radio that the the wife was no longer attracted to her husband without his teeth, and she was suing for loss of his, shall we say, services in the bedroom.

 

[Briar Rose 7457]

I have practiced law for 20 years in the area of insurance defense, 7 years of which in the area of legal malpractice. IT WOULD BE LEGAL MALPRACTICE FOR THE LAWYER TO NOT ASSERT A CONSORTIUM CLAIM UNLESS THE WIFE WAIVES IT!!!!!!!

proving it is another matter, as is the issue of whether the dental problem was caused by the bagel or the guy just has lousy teeth. but you've all decided the claim is bogus whitout hearing the facts. all you've heard is a soundbite because the meida likes to report on suits against McDonald's.

as a practical matter the case is likely to be settled for the cost of dental teatment as a few extra $$$ to pay the lawyer and etc. he's suing for $15,000, it's going to quietly settle for $5,000 or so -- it would cost more to litigate the claim. and we'll never hear about it again.

 

[Disney Doll]

My personal opinion is that people who file these frivolous lawsuits and their attorneys should be arrested and fined huge amounts of money.

 

[Briar Rose 7457]

Originally posted by Miss Jasmine
Funny how lawyers view the world so differently.

I guess, Miss Jasmine, it's because I've spent 23 years of my life dealing with these issues. I'm a defense attorney, I don't like bogus or frivolous claims.

but I studied Products Liability with Professor Aaron Twerski, an expert in the field. that's why the "coffee" case bothers me. because I know what manufacturers used to be able to get away with --- putting dangerous products on the market for unsuspecting consuimers -- before the field of Products Liability became so developed. would you like some glass in your jar ofbabyfood? would you like a lamp for your livingroom that could burst into flame without warning?

do I think we need tort reform? yes, I do. the awards juries give these days are disproportionately large. but I don't see this case as abusive.

 

[Briar Rose 7457]

Originally posted by Disney Doll
My personal opinion is that people who file these frivolous lawsuits and their attorneys should be arrested and fined huge amounts of money.

we have rules in place in courts to sanction attorneys and their clients with monetary penalties for frivolous suits. I'm tellng you straight out, a defense attorney, I wouldn't even consider asking the court for sanctions in a case like this. the guy sustained a real injury when biting into a bagel. if that bagel was somehow unfit for human consumption --- information we don't know from the soundbite-- he's entitled to compensation. let me take his deposition first, let me do some investigation by talking to the witnesses (if any), reviewing his dental records, and examining what's left of the bagel (if available), and let me review McDonald's procudre for preparing bagels sold to the public. then, when I have something more than a paragrpah in a news report, I'll be able to tell you whether the calim is substantiated.

 

[Kermit]

He may have a case, but my gut instinct is that he should have been a bit more careful. If I tried to bite into something and it was very hard, I'd hope that I'd stop biting rather than just biting harder. I'd probably remove it from my mouth and see if I could tear it with my hands to see how hard it was.

 

[preshi]

The same thing happened to me on the airplane to WDW last year... bit into a bagel and my tooth broke... I blame it more on my incompetent dentist than the bagel or the airline though.