Gonzalez v. Wendy's

VERDICT

Trial
11/16/09 – 11/19/09

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

Sessions

NOV
18

Recording Disclaimer: This proceeding was recorded in full.

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