Not if it's one of *these*:
Posted on 03/29/2005 2:03:58 PM PST by soundandvision
A woman who bit down on a partial finger served in a bowl of chili at a Wendy's restaurant in California said she was disgusted by the experience while her attorney has filed a claim with the franchise owner.
Anna Ayala, 39, of Las Vegas, was dining at the Wendy's in San Jose, Calif., on March 22 when officials said she scooped up the inch-and-a-half long fingertip in a mouthful of chili.
"Just knowing that there was a human remain in my mouth ... it is disgusting. It is tearing me apart inside," Ayala told ABC's "Good Morning America" on Monday.
(Excerpt) Read more at sfgate.com ...
Personally, I've started eating Wendy's Chili at every meal. At 99 cents a cup, it's cheaper than a lottery ticket -- and the odds of getting another finger are better than powerball.
By being in the business of selling food, Wendy's volunteered to have a duty to so correctly. It assumed the risk that its suppliers --- that it choses --- do their job correctly.
Really, it comes down to who should bear the risk of a mistake --- the company making money or the consumer of the food.
Law for hundreds of years (in the case of foodstuffs) says the seller bears the risk.
Here, the question is: "What damages?" I would think the woman would be grossed out and probably pick through all her food somewhat nuerotically (sp?) for years. I sure would. Made me gag just reading about it.
How much is that worth? Not much, probably. But something.
Even if it didn't have a bugger on it, you never know where it had been.
An illegal alien working in a meat packing house somewhere in the southeast or midwest USA.
If the fingertip was in ground meat, why wasn't it ground up?
They should get a fingerprint of the finger and ID its owner.
Being an attorney and having seen some ingenious and not-so-ingenious methods con artists will use to try to extort money from a deep-pocket, I am hard to convince that a claimant like this has a legitimate claim. I am admittedly biased against them.
In my earlier years as an attorney I had shady claimants try to retain me for similar, though not nearly so lurid, claims. I send them right back out the door. I passed up easy money in some cases, but that's okay.
If it were really good, slow cooked, chili they only would have found the fingerbone. The meat would have slid off, and melted in your mouth.
Mmmmm.....good chili.
sw
Nice scam. A body is to be cremated or buried in a closed casket. Said employee cuts off finger. Gives it to Ms Chili, who plops it into her "dinner" and starts screaming!
Next thing we know Ms Ayala has a 7 figure checking account and lives in Rio.
Excellent point. Even if the finger is partially decomposed a good forensic pathologist should be able to tell a lot about it, where it came from, how long it was in the chili etc. You'd be amazed by how much detail you can glean from a good forensic analysis.
Not if it's one of *these*:
I hope your claimants were happy to hear you had turned them down. It probably saved their bank accounts and homes.
Man, this woman is dumb.
---yeaaa, sometimes it's just too easy
When I was reading tort law back in the dark ages, there was an old case in the textbook about a man who bit into his chew of tobacco and found a human toe in it. So there's nothing new.
I agree... there's something that just doesn't smell right about this case but I can't quite put my finger on it.
OK apologies, that line was already used, sorry.
Me.
Woman who says she found finger in Wendy's chili hires a lawyer
For Ayala's part, she was repulsed by the suggestion that anyone would intentionally put the finger in the chili to try to scam the fast-food chain."That is very sick, sick, sick," she said. "It's disgusting. You're playing with the human race."
She still flinches at the memory of the cannibalistic mishap, which occurred when she was at the eatery preparing to drop off her in-laws after a trip to Mexico.
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