Foreign Object in Food: How to Figure What the Case is Worth By Rex Bush At Isnare.com Ezine Articles

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.

Truly, it is a distressing experience to find objects in your food. I, personally, have on several occasions found hairs in my food. Just like anyone else I find it disgusting. However, if you didn't eat the object, didn't get sick, didn't incur medical care, you can't really expect a jury to award you much money.

You will probably get something but the amount will be determined in large part by where you live. In some districts that vote predominantly Republican you are likely to get far less than in a Democratic voting district.

Why is this? Well, large corporations don't like to get sued. They prefer immunity from suit, even for their misdeeds. If they can convince people that suing is wrong, that belief will protect the corporation if the corporation causes harm.

Do large corporations sue when they are harmed? I think we both know the answer to that question. Of course they do.

Are they required to believe their own propaganda? Of course not.

Read the following quote and see if you can guess who said it.

"The lawyer as officer of the court is central to the American system of civil and criminal justice. An anti-lawyer policy is, in the end, an anti-rule of law policy. And an anti-lawsuit policy is ultimately anti the weak and injured."

Who said it? Bill Clinton, Barack Obama, Lyndon Johnson or Newt Gingrich?

If you guessed Newt Gingrich, you're right. See page 81 of his book "Winning the Future" published in 2005 by Regnery Publishing.

In conclusion, the best way to value a foreign object legal claim is the same best way to value any injury case. Imagine yourself on a jury in the jurisdiction where you live. What would that jury award? It works. I've done it for years with my clients. They can approximate the value of the case and come up with a number that is very close to the actual value.

Try it. Let me know the results.

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