Personal Injury Case against Chick-fill-a for Rodent In food
When biting into your delicious Chick-fill-A sandwich, the last thing you expect or want to find is a dead mouse. However, that is what happened to a lady in Philadelphia as reported by Huffington Post.
It is reported that Ellen Manfalouti is suing Dave Heffernan, the franchise owner and the Longhorne Bucks County store where the sandwich was bought. She is suing for over $50 000 due to physical and psychological damages. And who can blame her?
Manfalouti is reported to have mentioned to her coworker of feeling something "funny" at the bottom of her bun and after turning it over, first thought that it was extremely burned. However, on closer inspection, her coworker pointed out that the something had whiskers and a tail. After lab test was conducted, it was confirmed that is was a rodent baked into the bread.
Ellen Manfalouti contacted an attorney the day after the incident, and a lengthy process of ducking, diving and shifting blame began. No one from the franchise, the insurance company, the Chick-fill-A CEO or the bakery distributor wanted to accept responsibility. The constant shifting of blame and passing off responsibility left Manfalouti and her attorney little choice but to institute litigation and turn to the courts.
The attorney William M. Davis of McMonagle, Perri, McHugh & Hischak, P.C says that he is unable to disclose the exact amount his client is requesting. However, he did say that the law in Pennsylvania allows for a jury trial should the amount exceed $50,000.
The lawsuit was filed after months of trying to find an amicable solution among the various parties. However, this proved difficult with all not wanting to take any responsibility. The complaint claims the following: "The actions and conduct of defendants were intentional, knowing and/or reckless, constituting extreme and outrageous conduct which caused the plaintiff to suffer foreseeable emotional and physical harm".
The plaintiff, Ellen Manfalouti has gone to St. Mary Medical Center where she was treated for nausea via IV and the long-term harm of finding a dead rodent in your sandwich. She was treated by apsychologist for anxiety.
It is almost incomprehensible how any restaurant could pretend a situation away. When confronted with hard evidence ranging from discharge instruction from the hospital, lab results, the sandwich receipt, and explicit photos the plaintiff was still not able to engage with them. When you are faced with a lackluster sort of response and little to no action of addressing the situation, you are left little choice but to turn to the courts.
I am sure we can all agree that when faced with a similar situation, and no meaningful engagement from the company was forthcoming, we would do exactly as Ellen Manfalouti and seek legal counsel and a solution from the courts.