To Sue or Not To Sue...Wendy's finger Case..

[dmp]

re: http://abcnews.go.com/GMA/Business/story?id=619456&page=1


The lady is 'considering a lawsuit'...bull - she's alreayd made up her mind.

Frankly, I'm not sure how worked up I'd get in her case. Would I do as she is, and think of it as having just won the lottery? Do I be realistic and remind myself that I wasn't REALLY harmed. Do I settle for free chilli, strained of course, for life from Wendy's? Do I tell Wendy's this:

"I'm not out to get rich. I'll settle for whatever your insurance covers...no more"


"I'm not out to get rich. I'll settle $500"


"I'm not out to get rich. I'll settle $5000"


"I'm not out to get rich. I'll settle $500,000"

??

I like to think I would NOT hire a lawyer unless Wendy's was being 'an ass'.

What kind of 'settlement' would you agree to?

Is it ethical/moral to accept a HUGE cash payout?

 

[Nienna]

I don't know if I would sue. The bad press is probably doing them a lot of harm already. I would definitely make sure there was a thorough investigation. I would probably never eat there again.

 

[Said1]

Frankly, I'm not sure how worked up I'd get in her case. Would I do as she is, and think of it as having just won the lottery? Do I be realistic and remind myself that I wasn't REALLY harmed. Do I settle for free chilli, strained of course, for life from Wendy's? Do I tell Wendy's this:

I think I'd be turned off to chillie for life - and Wendy's. Free food somewhere else for life would be good. Actually, that's not true, I'm weak. I'd probably settle for the soft ice cream desserts they sell for life. :

 

[Shattered]

If she does sue, she should be required to spend the bulk of her "win" on psychiatric counseling for all the "mental trauma" she suffered.

 

[freeandfun1]

I would sue. But I am not so sure I would sue Wendy's. I would sue the factory that processed the chile to begin with. Why? Because obviously somebody lost part of their finger at that job and apparently they never found that part of the finger so evidently somebody we negligent since they never recalled any of the chile processed on that day.

I was at the maccaroni grill a few years back and bit into what I thought was a large chunk of bleu cheese in my salad. It ended up being a large ball of dirt (read fertilizer). I didn't sue, but that was not part of a human body. I have however, never eaten at another Maccoroni Grill again and I never will.

 

[freeandfun1]

Oh, and to answer your question.... yes it is moral to accept a cash settlement in certain cases and this is one of them. However, like I said, I don't think I would be as upset with Wendy's as I would be with the maker of the chile. Wendy's could not have know or even suspected this was in their chile. I think there should be a limit of course, but how much? I'm not sure. I would think a cool million would take care of things. I guess a big part of it would depend on how much of a chile fan I was. I don't much like chile (damn, and that coming from a Texan) so I would never order any from a place like Wendy's anyway.

 

[manu1959]

Oh, and to answer your question.... yes it is moral to accept a cash settlement in certain cases and this is one of them. However, like I said, I don't think I would be as upset with Wendy's as I would be with the maker of the chile. Wendy's could not have know or even suspected this was in their chile. I think there should be a limit of course, but how much? I'm not sure. I would think a cool million would take care of things. I guess a big part of it would depend on how much of a chile fan I was. I don't much like chile (damn, and that coming from a Texan) so I would never order any from a place like Wendy's anyway.

quetsion....who provided the chile mfr the ingredients?....which ingredient was the finger in?...

 

[freeandfun1]

quetsion....who provided the chile mfr the ingredients?....which ingredient was the finger in?...

Not sure. Not sure where the cutting off of the finger occurred. They can track this stuff though, so the point is, I would trace it back to the source and sue them.

 

[Deornwulf]

I'm suddenly reminded of the mouse in a beer bottle scam from the movie "Strange Brew."

If there were no injured workers anywhere along the line, how did the finger get into the chili? Maybe it was in the feed of the cow before it was slaughtered. Or maybe it was introduced at the table....makes one go "hmmmm, yeah right."

 

[no1tovote4]

I'm suddenly reminded of the mouse in a beer bottle scam from the movie "Strange Brew."

If there were no injured workers anywhere along the line, how did the finger get into the chili? Maybe it was in the feed of the cow before it was slaughtered. Or maybe it was introduced at the table....makes one go "hmmmm, yeah right."

Do you remeber the idiot that stuffed a mouse into a can of beer then tried to sue Coors. They autopsied the animal and found it was shoved in after death. The funny thing is I knew it was faked from the beginning as I had taken a tour of the plant and knew that it would be impossible for this to happen.

The cans are held upside down on an assembly line and are sanitized just before the beer is put in, they are turned over about 1/2 second before the beer is added and about another 1/2 second later the top is put on the can. The cans are weighed to insure the proper amount of beer is added and they go through an X-ray to insure the level is also right. If there was a mouse that jumped in during the 1/2 second when it was possible the can would have been rejected as the level would not have been right, if it was the weight would have been off.

 

[Trigg]

I would sue. But I am not so sure I would sue Wendy's. I would sue the factory that processed the chile to begin with. Why? Because obviously somebody lost part of their finger at that job and apparently they never found that part of the finger so evidently somebody we negligent since they never recalled any of the chile processed on that day.

Agree with you fully on this one. I don't see Wendy's being responsible for this, since if it's anything like McDonalds most of the food is delivered frozen and in bags. Not much preperation is actually done at the "restaurant".

I would be completely grossed out and would NEVER eat there again. I had dead insects in my salad once and I've never been back to Ponderosa, they offered me another salad though, NO THANKS.

 

[Merlin1047]

I'm suddenly reminded of the mouse in a beer bottle scam from the movie "Strange Brew."

If there were no injured workers anywhere along the line, how did the finger get into the chili? Maybe it was in the feed of the cow before it was slaughtered. Or maybe it was introduced at the table....makes one go "hmmmm, yeah right."

Good question, several possible explanations.

My version:

One possible explanation is that the injury occurred to an illegal immigrant working at the processing plant who did not want to report the incident for fear of being discovered and deported.

Bully's version:

George Bush's continuing incompetence and willful degradation of worker safety as well as food purity standards caused this incident. Bush is in the pockets of corporations who will cheerfully cut the appendages off any employee so long as they can turn a profit.

William Joyce's version:

The finger in the chili is simply another symptom of the continuing and pernicious influence of the Jews on American society. Jews were running the factory and knew about the injury but refused to report it because they knew the batch of chili would be declared as not kosher.

It'stheTruth's version:

The finger incident is simply another episode in the continuing abuse of the working class by crass and uncaring management executives.

OCA's version (don't hit me OCA - just having fun here):

Finger? So what? Meat is meat. Did they charge her extra? No? Then what the f***'s the problem?

 

[dmp]

from BillyBadAss:

That's where the story seems a bit shady. First, a few people aclled into the radio station, people that have worked at Wendy's, and they all said the same thing: "the chili is made using hamburger patties they already cooked and didn't serve." So, the finger couldn't have coe from the meat. If it was in a a hamburger patty it would have been fried. The only other items used to make the chili is the powder, beans and water. I'd assume it didn't come in with the water, which leaves the chili mix powder stuff and the beans. It may be possible that it came in through one of those sources. But, she didn't discover this finger until after she had left Wendy's and got back to work (or sometime after she had left Wendy's). That gives her plenty of time to put something in there herself. Where she would have gotten a finger from, who knows. If the other products used in the making of the chili came from somewhere in the US, someone would know about it. I'm sure when someone loses a finger they probably scream, and OSHA would require the incident be reported.

The only thing this lady seemed to have against Wendy's is that "experts" said the finger was cooked. Still doesn't mean she couldn't have done it herself. And even if she doesn't have a friend in a morgue or funeral home, she could have struck a deal with someone, knowing she would get a big payout. Hopefully Wendy's goes through with fighting this thing. Most other companies in similar situations ahve just settled, but that's about the same as aadmitting guilt in the eyes of most people.

 

[freeandfun1]

Good question, several possible explanations.

My version:

One possible explanation is that the injury occurred to an illegal immigrant working at the processing plant who did not want to report the incident for fear of being discovered and deported.

Bully's version:

George Bush's continuing incompetence and willful degradation of worker safety as well as food purity standards caused this incident. Bush is in the pockets of corporations who will cheerfully cut the appendages off any employee so long as they can turn a profit.

William Joyce's version:

The finger in the chili is simply another symptom of the continuing and pernicious influence of the Jews on American society. Jews were running the factory and knew about the injury but refused to report it because they knew the batch of chili would be declared as not kosher.

It'stheTruth's version:

The finger incident is simply another episode in the continuing abuse of the working class by crass and uncaring management executives.

OCA's version (don't hit me OCA - just having fun here):

Finger? So what? Meat is meat. Did they charge her extra? No? Then what the f***'s the problem?

 

[Merlin1047]

TY TY.

But I know my ass is in trouble soon as OCA gets around to reading this. I may hide for a few days - assuming he doesn't ban me.

 

[manu1959]

Good question, several possible explanations.

My version:

One possible explanation is that the injury occurred to an illegal immigrant working at the processing plant who did not want to report the incident for fear of being discovered and deported.

Bully's version:

George Bush's continuing incompetence and willful degradation of worker safety as well as food purity standards caused this incident. Bush is in the pockets of corporations who will cheerfully cut the appendages off any employee so long as they can turn a profit.

William Joyce's version:

The finger in the chili is simply another symptom of the continuing and pernicious influence of the Jews on American society. Jews were running the factory and knew about the injury but refused to report it because they knew the batch of chili would be declared as not kosher.

It'stheTruth's version:

The finger incident is simply another episode in the continuing abuse of the working class by crass and uncaring management executives.

OCA's version (don't hit me OCA - just having fun here):

Finger? So what? Meat is meat. Did they charge her extra? No? Then what the f***'s the problem?

this is the funniest thing i have read today...

oh and good luck with OCA

 

[freeandfun1]

from BillyBadAss:

it coulda been in the hamburger patty..... and just not noticed.

 

[Mr. P]

I've had glass in a salad and a dead fly in a jar of olives. I didn't sue.
A human finger in my chili..where do I sign? Hell yes I'd sue!

 

[dmp]

it coulda been in the hamburger patty..... and just not noticed.

a 1" bit of finger in a 1/3" thick patty?

 

[OCA]

TY TY.

But I know my ass is in trouble soon as OCA gets around to reading this. I may hide for a few days - assuming he doesn't ban me.

Hey you forgot you have to marinate the finger for 24 hrs beforehand, they are tough if not. :teeth:

Seriously though I have my own little incident along these lines.....i'm about 18 or 19 and I go into a Del Taco, a fast food place in California, working the cash register and fry area is a Black girl with really long fake nails, so I order and get my food and sit down and start eating....about half way through my fries is a big long fake nail painted exactly the same color as she had and its deep fried.