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FLORIDA RECORD

Tuesday, October 15, 2024

Plaintiff alleges fast-food giant's negligence after finding foreign object in meal

State Court
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Maxine Cheesman, Circuit Civil Judge at the FL 15th Judicial Circuit Palm Beach | https://www.15thcircuit.com/

A Miami-Dade County resident has filed a lawsuit against a well-known fast-food chain, alleging negligence after a disturbing dining experience. On October 3, 2024, Antonibel Briceno Rodriguez lodged a complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, against Chick-Fil-A, Inc., seeking damages exceeding $50,000.

The incident at the heart of this legal battle occurred on August 1, 2023. According to the complaint, Rodriguez was an invitee at a Chick-Fil-A restaurant located at 1560 Boynton Beach Blvd in Boynton Beach, Florida. She purchased a salad from the establishment and while consuming it, discovered something hard in her mouth—a piece of plastic or foreign object. This unexpected discovery led to a cut on the roof of her mouth and prompted an immediate visit to the hospital emergency room. The plaintiff asserts that she retained possession of the plastic found in her meal as evidence.

Rodriguez's lawsuit claims that Chick-Fil-A had exclusive control over the food it prepared and sold and thus bore responsibility for ensuring its safety and cleanliness. The complaint accuses Chick-Fil-A of breaching its duty by negligently operating its restaurant and serving contaminated food. It further alleges that the defendant failed to inspect or maintain its food preparation processes adequately, leading to harmful contamination with foreign objects.

The legal filing highlights several counts against Chick-Fil-A: negligence and strict liability. Under negligence claims, Rodriguez argues that Chick-Fil-A did not exercise reasonable care in maintaining cleanliness or ensuring their food was safe for consumption. In terms of strict liability, she contends that the salad was defective and unreasonably dangerous due to containing a foreign object when it left Chick-Fil-A's control.

Rodriguez is seeking judgment for damages related to bodily injury, pain and suffering, mental anguish, medical expenses, loss of earnings capacity, among other losses which are described as permanent or continuing in nature. The plaintiff demands a jury trial on all issues presented in her complaint.

Representing Antonibel Briceno Rodriguez is Judd G. Rosen from Goldberg & Rosen P.A., based in Miami. The case is filed under Case Number 502024CA009528XXXAMB.

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