VIRGINIA BEACH
A Virginia Beach man who says he suffered severe injuries to his throat after swallowing bones in a Mexican pizza from Taco Bell is suing the fast-food giant and its corporate parent.
In the lawsuit, filed in Virginia Beach Circuit Court, George E. Phelps Jr. said he "endured the vomiting of blood-streaked phlegm" after three animal bones got caught in his throat.
Phelps missed work for three days, rang up medical bills, and "suffered great mental anguish," the suit says.
Phelps is seeking $70,000 in compensation for his injuries from Taco Bell of America and Yum Brands Inc.
"The fact we're not asking for a million dollars is indicative of having a very realistic view of the situation," said Kevin Martingayle, Phelps' attorney.
"This is exactly what happened to the guy," he said, "and that should scare anybody who eats at any kind of restaurant."
Phelps says he ordered the pizza on April 13, 2007, at Taco Bell on Fordham Drive, near Indian River and Kempsville roads. He began coughing and choking and managed to pull one of the bones from his throat, the suit says.
Doctors pulled two more from his throat at the hospital, the suit says.
Rob Poetsch, a spokesman for Taco Bell, wrote in an e-mail that the safety and health of customers and employees is the restaurant's priority. The company is investigating Phelps' case, he said.
"If this claim proves false and fraudulent," Poetsch said, "we will seek prosecution to the fullest extent of the law."
Yum Brands Inc. and its franchises have been sued before over tainted food. Last year, a Nebraska family was awarded $40,000 after eating urine-tainted food from a KFC/Taco Bell restaurant.
This report contains information from The Associated Press.
Shawn Day, (757) 222-5131, shawn.day@pilotonline.com
Delicious
Digg
Reddit
Facebook
Google
Yahoo
Good example
The settlement was so large because a muckety-muck at McD's said that they were willing to take the risk of lawsuits because they can make back in one day whatever money they lose for a lawsuit.
Which is of course 100% irrelevant to any scientific facts of the incident. That's pure appealing the the prejudice of a jury in order to win the courtroom lottery. If you can successfully depict the other guy as evil, facts and justice don't matter.
rick3cs you are misinformed
rick3cs you are misinformed about the McDonald's coffee case; McD's was found to be negligent for violating their own corporate rules and serving coffee that was repeatedly left at higher temps and McD's allows (restaurant had been cited several times). The settlement was so large because a muckety-muck at McD's said that they were willing to take the risk of lawsuits because they can make back in one day whatever money they lose for a lawsuit. The original verdict was much smaller and did hold the plaintiff partially liable, but McD's refused to pay out and they appealed. That's when they lost their case. http://www.andertonlaw.com/mcdonalds_coffee_case.htm
As far as this Taco Bell case, I don't understand how three bones that size could be swallowed without being chewed on? Did the guy inhale the mexipizza?
Not need to be an expert
There's no need to be an expert. Just read the filing that's linked at the top of the article. There is no claim of long term injury or disability.
No McCoffee
I have been to that restaurant, and I haven't been back for years. I don't even go to Taco Bell anymore. The food is garbage, and the service is terrible. This guy is looking to be paid back for his injury. He is not seeking $3 million dollars like the lady with no common sense did after she put a hot cup of coffee between her legs and burned herself. She ended up winning that suit.
I believe judges should pass a common sense test prior to taking cases like that. She put herself in danger by doing that. The case ended up thta the coffee was a few degrees over what it should have been. Even if it was the right temperature, it still would have burned her.
Gotta love the experts here...
EvanJ – I’m assuming you’re an MD who examined Phelps’ throat and are passing along your expert observations. Somehow I doubt it. A broken bone from being run over by a car can heal faster when in a cast, a.k.a., immobile. The throat is in constant use and motion, even when sleeping, so it stands to reason healing would take longer. I doubt lodged bones would only cause superficial scratches – according to Phelps, there was blood. None of us knows the full extent of his injuries or recovery needs. Even a broken leg can require months of rehab after the cast comes off. Besides, last time I checked, Mexican Pizza doesn’t include topping options such as bones.
perrya97057 - I sure hope you were being sarcastic about how Phelps could have avoided this by simply chewing his food.
Two years?
Two years of medical treatment for a scratched throat? I've know people run over by cars that recovered faster than that.
What the Taco Bell rep DIDN'T Say
It was interesting to note that the spokesman for Taco Bell said, "If this claim proves false and fraudulent," Poetsch said, "we will seek prosecution to the fullest extent of the law." That is a reasonable comment since so often people do try to make fraudulent claims. But what he failed to say, which might have given the company a little more credibility, was, "However, if we are found to be at fault, we will take full responsibility." Sounds like he immediately went on the defensive, which can be pretty telling in itself.
What do you expect?
What do you expect from an industry in which the workers make minimum wage and the supervisors/managers seem pissed off at their lot in life? I have to be extremely hungry to allow myself to eat at places like Taco Bell. Luckily, I know how to cook :o)
two years
Waiting until after your medical treatment is complete to file a suit is not unusual or unreasonable. Taco Bell would have been smart to cover all medical expenses from the get go and offer a settlement for pain and suffering. A little good will can go a long way.
And to think this whole
And to think this whole thing could have been avoided by simply chewing his food.
Timely Manor
2 years later. Took you that long to find a lawyer and file the case. I was in a McDonalds last week and someone sneezed on me, I got phenomena. Is there a Lawyer that I can find to sue McDonalds. Sorry one won't be available for 2 years.
My Mistake.
And I thought that "Taco Bell" was the Mexican National Telephone Company.
You
all just keep on eating out at all these fast food joints and I will just continue to save that fast food tax, along with reducing the risk of disease and injury by making meals at home.
Why?
Why is this a news article? Just like the guy suing Burger King over pickels that supposedly made him ill, why is this news? It's fodder for the courts, period! Report on it AFTER the courts rule, or settlements are reached!
Geezz..
ew
What do you expect for 69 cents?!
"Mexican Pizza?"
Interesting juxtaposition. Do they offer "Italian Burritos" or "Spaghetti with Refried Beans" or "Fettucine Hidalgo (with guacamole)" topped off with a nice Chianti Sangria. Molto bene, Amigo!
What?
quote- However, if he wasn't eating meat, he probably wouldn't have gotten bones stuck in his throat. Just goes to show you... -unquote
huh? you know the bones are supposed to be removed before they cook and serve it.
you easily could have said, "However, if he wasn't eating lettuce, he probably wouldn't have gotten the lettuce core stuck in his throat. Just goes to show you...how ignorant I am!!!"
or
"However, if ha wasn't eating a power drill, he probably wouldn't have gotten a drill bit stuck in his throat. Just goes to show you...how ignorant I am!!!"
I wonder how those bones
I wonder how those bones were able to fit through the small opening of the chalking gun that they use for their meats?
Del Taco
Wouldn't that be great. They were always the best around for fast food in Southern Calif. If they came here Taco Bell would shut down right and left.
If the man had chewed his food instead of wolfing it down the bones would have been obvious, don't ya think? Always looking for a buck for our bad habits. If the company was smart they'd get a private detective to tail this guy and see that he has bad eating habits.
My son used to work at that
My son used to work at that store. He called it "Taco Hell".