Philip Hodousek, 51, and his wife have settled their Mission Viejo, California personal injury lawsuit against Claim Jumper Restaurants for an undisclosed sum. Hodousek is the man who found a condom in his French onion soup while eating at the restaurant on April 12, 2009.
The Hodouseks had gone to Claim Jumper in Mission Viejo for Easter bunch. According to the trial brief, Philip was eating the soup when what he thought was cheese that he was chewing turned out to be a prophylactic. A lab that later tested the condom found female DNA on it.
The Hodouseks sued Claim Jumper for Orange County, California personal injury, including emotional distress. The couple claimed that the incident negatively affected their relationship because they became too scared to have sex. They said the company accused them of planting the condom in the soup so that they could obtain money to pay $300,000 in back taxes.
By settling neither party is admitting to or denying liability. Claim Jumper Restaurants also apologized for statements made that may have cast the couple in an "unfavorable" manner.
Food Injury Lawsuits
Foreign items in food can cause serious injuries, which is why restaurant owners, their employees, food service providers, food manufacturers, and grocery stores must make sure that their food is free from contamination. Just recently, a restaurant patron filed a personal injury lawsuit against Chipotle. Robert Miner says that on September 16, 2008 the restaurant served him a burrito that contained a black metal wire in it. The wire pierced his throat and he had to undergo surgery to have the 2-inch piece removed.
There are also, of course, food-related injury complaints filed by people filed who got sick because they were served food that was spoiled or contaminated. Earlier this year, several customers sued a Subway restaurant for serving contaminated food. Some of the victims had contracted Salmonella.
Claim Jumper Restaurant Settles Condom-In-My-Soup Lawsuit, LaWeekly, August 26, 2010
Man sues Chipotle, claims wire was in his burrito, Chicago Breaking News, August 3, 2010
Mission Viejo Man Files Orange County, California Personal Injury Lawsuit Against Claim Jumper Alleging He Found Condom in Soup, California Injury Lawyers Blog, July 22, 2010
Related Web Resources:
Claim Jumper Restaurants
Food Poisoning, eMedicineHealth
