January 27, 2011
It's the Pits: Dennis Kucinich Sues Cafeteria for Breach of Implied Warranty
Ohio Congressman and former presidential candidate Dennis Kucinich bit into a sandwich wrap containing an olive pit and now he is suing a congressional cafeteria for $150,000. He claims negligence and breach of the implied warranty of merchantability. Paragraph 10 of the complaint:
Said sandwich wrap was unwholesome and unfit for human consumption, in that it was represented to contain pitted olives, yet unknown to plaintiff contained an unpitted olive or olives which plaintiff did not reasonably expect to be present in the food prepared for him, and could not have visually detected prior to consumption.
Apparently, he bit into the olive pit and incurred dental and medical expenses, and suffered loss of enjoyment and other damages.
Sounds like Webster v. Blue Ship Tea Room, 347 Mass. 421 (1964), all over again. Does an olive pit make a sandwich wrap unfit for human consumption? Does it matter what kind of wrap it was? (I imagine Kucinich is vegetarian, if not vegan).
[Meredith R. Miller]
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