Ask a Lawyer
Ask a Question

Posted Jan 16th, 2012
My mother choked on piece of rubber found in slice of pizza that we ordered from our neighborhood
fast food pizza chain store.

Additional Details:
We immediately called corporate and went back to store and showed manager the foreign object.
Manager said to submit the piece, but I told him to take pictures instead because I didnt want to
relinquinsh evidence. Takes pictures instead. Was assured that they will file claims report and
investigate the matter between 7 to 10 days. So we waited and called back after 10 days. Manager
avoids my calls until I had to reach out to corporate again. When I finally communicate with him, he
transfers me to regional manager and she denies any wrongdoing even though I found out that they
failed to file insurance claim. After many attempts, I finally get hold of the insurance company,
and the insurance company said they received no pictures from the first orignal claim, and says the
store is not at fault since there were no actual physical injury. My mother hasnt touched pizza
since obviously distressed. Can I still sue for personal injury and for negligence?
Legal Topic Area: Personal Injury in CA

Yes, you can sue for personal injury and negligence. Choking is a physical injury in and of itself and she can also be compensated for her emotional distress. The case is probably too small for a lawyer to take on but small claims court is very effective in California and there are no lawyers involved. Good Luck,

Andy Gillin, Senior Partner

GJEL Accident Attorneys


Answered on Jan 16th, 2012 at 10:08pm