Lancet Jades
02-02-2004, 12:28 AM
Woman says she broke a tooth eating Frosted Flakes
By Sandy Miller
Times-News writer
TWIN FALLS -- One Twin Falls woman doesn't think Kellogg's Sugar Frosted Flakes are so grrrrrrr-eat.
Micki McBride is suing the Michigan-based Kellogg company after breaking a tooth on a grain of corn that had partially crystallized in a box of Frosted Flakes, according to a lawsuit filed this month in 5th District Court.
McBride, represented by local attorney Greg Fuller, is asking the court to award her damages in excess of $10,000 and at least $3,500 more to cover legal fees.
She declined comment on the lawsuit. A spokesman for Kellogg said the company has a policy to not comment on pending legal matters.
The lawsuit says McBride bit down on the hard, crystal-like object and broke a tooth, "causing excruciating pain and sending pain through her gums, cheek and behind her right eye, causing plaintiff to immediately have a persistent headache. Plaintiff immediately saw a dentist who had to crown the broken tooth in question," the document says.
Since the incident on Dec. 27, 2002, she has "suffered constant pain directly in the tooth area, constant headaches and loss of sleep," the lawsuit says. Even today, she still suffers headaches and is unable to eat solid foods in the affected area and has suffered "severe bodily pain and mental anguish," which has left her unable to work for a period of time.
The lawsuit says the box of Frosted Flakes, which McBride had bought from an unidentified local retailer, was sealed and had not been tampered with. Kellogg had a duty to exercise due care in the preparation of the Frosted Flakes in question and to see to it that they were fit and safe to eat, the lawsuit says, and the company is therefore liable for negligence in the preparation of the cereal.
McBride and her attorney also say Kellogg is liable for McBride's medical expenses and dental fees, in addition to damages for severe bodily pain and mental anguish.
By Sandy Miller
Times-News writer
TWIN FALLS -- One Twin Falls woman doesn't think Kellogg's Sugar Frosted Flakes are so grrrrrrr-eat.
Micki McBride is suing the Michigan-based Kellogg company after breaking a tooth on a grain of corn that had partially crystallized in a box of Frosted Flakes, according to a lawsuit filed this month in 5th District Court.
McBride, represented by local attorney Greg Fuller, is asking the court to award her damages in excess of $10,000 and at least $3,500 more to cover legal fees.
She declined comment on the lawsuit. A spokesman for Kellogg said the company has a policy to not comment on pending legal matters.
The lawsuit says McBride bit down on the hard, crystal-like object and broke a tooth, "causing excruciating pain and sending pain through her gums, cheek and behind her right eye, causing plaintiff to immediately have a persistent headache. Plaintiff immediately saw a dentist who had to crown the broken tooth in question," the document says.
Since the incident on Dec. 27, 2002, she has "suffered constant pain directly in the tooth area, constant headaches and loss of sleep," the lawsuit says. Even today, she still suffers headaches and is unable to eat solid foods in the affected area and has suffered "severe bodily pain and mental anguish," which has left her unable to work for a period of time.
The lawsuit says the box of Frosted Flakes, which McBride had bought from an unidentified local retailer, was sealed and had not been tampered with. Kellogg had a duty to exercise due care in the preparation of the Frosted Flakes in question and to see to it that they were fit and safe to eat, the lawsuit says, and the company is therefore liable for negligence in the preparation of the cereal.
McBride and her attorney also say Kellogg is liable for McBride's medical expenses and dental fees, in addition to damages for severe bodily pain and mental anguish.