The plaintiff allegedly bit a Wendy's cheeseburger containing a metal object -- possibly a nail or a staple -- which caused mouth injuries, including dislocation of the temporomandibular joints (TMJ), requiring bilateral surgery.
The defendant claimed that there was no metal piece in a Wendy's hamburger, and if there was one, it did not cause a TMJ dislocation. A laboratory later found saliva on the metal, but not starch or blood. Also, the defendant asserted that the symptoms of TMJ dysfunction, such as jaw pain, were not reported until months later.
The jury found for the defense, determining that the Wendy's franchisee was not negligent, and did not sell a defective hamburger.
CVN is webcasting the Gonzales v. Wendy's trial on-demand.