Foreign Object in Food

Monday, 12th January 2009

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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.


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