Plaintiff Strikes Gold With New Adulterated Food Case

Over the years, we here at Abnormal Use have reported on a number of lawsuits involving foreign objects in food. While the contaminate may differ, most of these lawsuits are alike in one respect. Typically, the plaintiffs claim very minimal medical expenses but allege a whole lot of alleged emotional trauma. As a result, it is often difficult to assess damages in these food cases. While it is difficult to quantify emotional trauma, a new food case in Illinois may set the gold standard for questionable damages cases.  According to a report from the Madison Record, Elmo Kane of Tilden, Illinois, has filed suit against General Mills after discovering a gold tooth in his Pillsbury biscuit. Kane alleges that after opening and baking a can of Pillsbury Grands Southern Style Biscuits, he took a bite of one of the biscuits and “bit into someone else’s gold tooth.” Thereafter, he immediately placed the can and the tooth into a plastic bag. While the report is silent on the issue, we assume his next step was to his lawyer’s office. As a result of the incident, Kane alleges that he sustained mental anguish, disability, medical expenses, lost wages and earning capacity, and prevention from attending to usual affairs and duties.

We know very little about the basis of Kane’s damages claims. Nonetheless, we are naturally skeptical. While we can appreciate the disgust of discovering a foreign object in one’s food, we seriously question whether a gold tooth caused disability, a loss of earning capacity, and a prevention from attending to usual affairs. Because he didn’t swallow the tooth, we assume his medical expenses are limited to a trip to the dentist’s office to check on a chipped tooth. Unless, of course, he is so traumatized by the experience that he has been in constant psychological or psychiatric care.

While we could go on ad nauseam about our skepticism, the real intriguing point of this case is that Kane has already been compensated for his loss. After all, didn’t Kane strike gold when he bit into that biscuit? Out of all the foreign objects found in food, Kane discovered one of the few containing precious metals.  Even though gold teeth are not 100 percent pure, with gold selling at more than $1,100 an ounce, Kane is bound to put some money in his pocket. Particularly, when that gold tooth is kept pure in a nice plastic bag.

Comments

  1. Pingback: Food roundup - Overlawyered