Capsule Summary: A Cherokee County jury returned a defense verdict in a claim brought by a male plaintiff in his mid-forties in which he alleged the chicken sandwich he purchased from a Burger King was too hot and caused second degree burns to his gums.
Case Information: Frank Chancellor v. Carrols Corporation d/b/a Burger King Restaurants, Civil Action Number 2008CP1100139.
Date of Verdict: March 3, 2010.
Venue: Cherokee County Court of Common Pleas
Judge: The Honorable J. Mark Hayes, II
Factual Background: A father went with his son to a Burger King Restaurant owned by the defendant, Carrols Corporation. The plaintiff placed a carryout order for a kid's meal for his son and a chicken sandwich for himself. Once they were on the road, the plaintiff unwrapped the chicken sandwich and took a bite. The bite of sandwich lodged in an area of the plaintiff's mouth where he was missing some teeth, and he alleged it caused second degree burns to his gums.
Allegations and Procedure: Plaintiff filed his lawsuit in the Cherokee County Court of Common Pleas. He alleged a cause of action for breach of warranty of merchantability on grounds that the sandwich was too hot. The defendant argued that customers wanted their sandwiches to be hot. They also argued the plaintiff's actions were inconsistent with his allegations, especially by the fact that he did not seek treatment from his doctor for the alleged injury.
Experts: None listed.
Alleged Damages: Plaintiff was a married male in his mid-forties. He was employed by General Electric. He alleged $1,500 in past medical special damages.
Disposition: After 15 minutes of deliberation, the jury returned a defense verdict.
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