Foreign Object in Food
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The following question was posted at LawGuru.com. Answer provided by Rex Curtis Bush, a Salt Lake City area attorney.
Q. Hello – I ordered a meal from Costa Vida [a Mexican restaurant near Salt Lake City] and on my second bite I began to choke. My parents witnessed the whole thing and were about to call 911 … I had to dislodge the object which turned out to be a rather large rubber band … My throat was soar for several days and it scared me to death. The restaurant has assumed liability and has instructed me to speak with their insurance company – what kind of case do you think I have? THANKS
A. Imagine you were on a local jury panel. Someone you don’t know is suing the restaurant. The jury panel is made up of a cross-section of local registered voters. Since you are in Salt Lake County, a majority of the jury members will be Republicans. How much would you and your fellow jury members award this person for the injury? The injuries are: sore throat for several days and being scared to death.
