Russell Holden has filed a negligence complaint against Nina’s Fresh Bakery LLC. The lawsuit was filed in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, on May 30, 2024. The plaintiff, Russell Holden, alleges that he suffered severe injuries after consuming a cake prepared by the defendant.
According to the complaint, on December 8, 2023, Russell Holden attended a charity event at EVO Italian Restaurant in Jupiter, Palm Beach County. Nina’s Fresh Bakery LLC had prepared and provided a "Blue Angels" themed cake for the event. The cake was modeled after an aircraft carrier and included six Blue Angels airplanes that were purported to be entirely edible and safe for consumption. However, upon attempting to eat a section of one of the airplanes, Holden felt a foreign object become lodged in his throat, impairing his ability to breathe and necessitating hospitalization and medical treatment.
Holden's legal team argues that Nina’s Fresh Bakery LLC failed in its duty to ensure the safety of its products. The complaint states that the bakery should have known about the defect and dangerous condition of the non-edible foreign body within the cake. It further alleges that Nina’s Fresh Bakery LLC negligently failed to inspect or warn about these defects, resulting in Holden's injuries.
The lawsuit outlines multiple counts against Nina’s Fresh Bakery LLC: negligence, product liability, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose. Each count details how the bakery's actions—or lack thereof—led to Holden's suffering. For instance, under product liability claims, it is argued that the cake carried an unreasonable risk of injury due to its poor condition and preparation process.
Holden is seeking damages exceeding $50,000 for his extensive medical treatment and hospitalization caused by ingesting the defective food item. He claims he has endured significant pain and suffering in both past and future contexts as well as disability and impairment affecting his working ability. Additionally, he seeks compensation for mental anguish and loss of enjoyment of life due to permanent injuries from this incident.
Representing Russell Holden is attorney Lake H. Lytal III from Lytal Reiter Smith Ivey & Fronrath law firm based in West Palm Beach. The case has been filed under Case Number 502024CA005033XXXAMB Div: AE with Judge Joseph Abruzzo presiding over it.