McDonald's sued by Pa. man who cut hand on collectible Coke glass; Suit accuses defendants of not including instructions

By Jon Campisi | Aug 15, 2012

A Pennsylvania man is suing McDonald’s Corp. in federal court in Philadelphia over

allegations that he sustained extensive hand injuries from a collectible glass he had bought at the fast food restaurant.

Newtown, Pa. attorney Brandon Swartz, of the firm Swartz Culleton, filed the product liability complaint Aug. 14 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Quakertown resident Joseph Gambetta.

The defendants named in the civil action are Illinois-based McDonald’s Corp. and The Marketing Store Worldwide, which is also located in the state of Illinois.

The complaint alleges that Gambetta cut his hand on a retro Coca-Cola glass on Nov. 28 of last year, a product he had previously purchased at the McDonald’s location at 2 N. West End Boulevard in Quakertown.

While utilizing the product, the lawsuit states, a piece of the glass suddenly and without warning broke off and sliced through the plaintiff’s left hand and index finger.

Gambetta ended up suffering a complex laceration of the dorsum of the left hand and a laceration of the extensor tendon of the left index finger.

The complaint accuses the defendants of making, marketing and distributing a defective product, which had no instructions or warnings for use, no consumer safety instructions and no consumer safety features.

The suit accuses the defendants of violating their implied and express warranties.

The complaint does not, however, offer any details on the specifics with regard to Gambetta’s medical attention.

Gambetta seeks $150,000 in damages, plus interest and costs.

A jury trial has been demanded.


The federal case number is 2:12-cv-04614-MSG. 

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