Attorney sues Popeyes for choking on chicken... (1 Viewer)

Semper

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superchuck500

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Okay, so just to make sure we've done the anlaysis:

It says he had to undergo emergency surgery - that may be, but the question is whether Popeyes breached a duty of reasonable care. It is beyond argument that fried chicken is a food that people eat with their hands. I don't know of any basis why it would be unreasonable for a fried chicken drive-through to not provide a knife. Further, if he has problems eating food without a knife, that's his responsibility of reasonable care for his own safety.

We don't know what the complaint alleges but he could be asserting that this particular piece of chicken was somehow unusually hazardous . . . maybe it had an unexpected bone or some other unusual and hazardous result of the sorting process. Who knows.

But presuming that isn't the case and his argument is simply that he choked because they didn't give him a knife - it should be dismissed for failure to state a claim. Could Popeyes pursue sanctions against him for a frivolous filing or for some other duty of the attorney to not waste the court's time? Perhaps.

I suspect he might have ended up with a large medical bill that he can't pay. He appears to be an older guy, a solo practitioner and so he might not have the best medical insurance - so he's looking for a quick settlement from Popeyes Corp., even if it's a small, nuisance-value type offer, it still helps pay the bill. But this is just a guess.
 

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Okay, so just to make sure we've done the anlaysis:

It says he had to undergo emergency surgery - that may be, but the question is whether Popeyes breached a duty of reasonable care. It is beyond argument that fried chicken is a food that people eat with their hands. I don't know of any basis why it would be unreasonable for a fried chicken drive-through to not provide a knife. Further, if he has problems eating food without a knife, that's his responsibility of reasonable care for his own safety.

We don't know what the complaint alleges but he could be asserting that this particular piece of chicken was somehow unusually hazardous . . . maybe it had an unexpected bone or some other unusual and hazardous result of the sorting process. Who knows.

But presuming that isn't the case and his argument is simply that he choked because they didn't give him a knife - it should be dismissed for failure to state a claim. Could Popeyes pursue sanctions against him for a frivolous filing or for some other duty of the attorney to not waste the court's time? Perhaps.

I suspect he might have ended up with a large medical bill that he can't pay. He appears to be an older guy, a solo practitioner and so he might not have the best medical insurance - so he's looking for a quick settlement from Popeyes Corp., even if it's a small, nuisance-value type offer, it still helps pay the bill. But this is just a guess.
Did he eat the chicken in the car or at home?

One could argue that trying to eat fried chicken in the car with utensils could have lead to an auto accident. And it's not their duty to provide that, unless asked. And even then, errors happen. and if at home, he should have utensils to use.

I just get mad when I don't get napkins.
 

Brad Mojo

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Newton is also seeking financial compensation and punitive damages from several defendants.
Several? OK, there's Popeye's, then who else? The universe? His own parents for raising such a stupid child?
 

superchuck500

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Several? OK, there's Popeye's, then who else? The universe? His own parents for raising such a stupid child?
There's probably corporate Popeyes and the local franchise operator. Perhaps he named the local manager or even the drive-through employee . . . and possibly the chicken's estate.
 

GW93

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"You can't solve all of your problems by choking your chicken."

--Dennis Miller in a retort to Geraldo Rivera on SNL's "Weekend Update" back in the day.
 

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The weak fool dropped the case cause social media kicked his butt :hihi:
 

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