PHILADELPHIA – The case of a Philadelphia man who alleged he was injured when he bit down on a metal button hidden in his mashed potatoes at a West Oak Lane restaurant was settled.
Savoy Grant had filed suit in the Philadelphia County Court of Common Pleas on Feb. 21, 2017, versus Sadiki’s Restaurant, Inc. and 7152 Relish Enterprises, Inc. (doing business as Relish Southern Cuisine and Relish), both of Philadelphia.
On Sept. 8, it was announced that the case was settled, discontinued and ended. Terms of the settlement were not disclosed.
The lawsuit had alleged, “On or about April 23, 2016, plaintiff was a business invitee of defendants’ restaurant. On or about April 23, 2016, plaintiff received his entrée of salmon and mashed potatoes and as he was eating his mashed potatoes, he felt a hard object which after spitting it out learned that it was a metal button causing him serious injuries which are set forth at length herein.”
The suit claimed the defendants failed to provide a safe environment for its patrons, failed to properly prepare its food for patrons, allowed foreign objects in its food, failed to inspect its food for foreign objects and negligently prepared its food for patrons.
In contrast, counsel for the defendants believed Grant’s complaint “fails to state a claim upon which relief can be granted against answering defendants”, and was barred by both the Pennsylvania Comparative Negligence Act and the Patient Protection and Affordable Care Act, in addition to containing “erroneous conclusions of law.”
The plaintiff had averred the defendants’ negligence caused him to suffer fractured restoration of tooth No. 19, No. 19 irreversible pulpitis, No. 30 non-restorable tooth, pain in teeth Nos. 18, 19, 20 and 30, vomiting, nausea and disfigurement.
Prior to settlement, the plaintiff was seeking damages in a sum not in excess of the amount required to be classified as a major case in the Philadelphia Court of Common Pleas in this matter.
The plaintiff was represented by Kenneth M. Rodgers of Zarwin Baum DeVito Kaplan Schaer & Toddy, in Philadelphia.
The defendants were represented by Brian P. McGovern of Selective Law Group, in Springfield.
Philadelphia County Court of Common Pleas case 170205196
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com