Case details

Unpitted olive in sandwich caused dental injuries: plaintiff

SUMMARY

$20000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
dental, fractured teeth
FACTS
On Dec. 8, 2009, plaintiff Crystal Hewko, 27, an office manager, went to a Subway restaurant in Palmdale. While eating a sandwich she ordered, Hewko bit down on an unpitted olive, and claimed trauma to three upper and lower teeth. Hewko sued Anna Hagen, owner of the subject Subway restaurant, and Subway Stores Inc., which was doing business as Subway. She alleged the defendants were strictly liable for causing her . Hagen and Subway filed a cross-complaint against Rema Foods Inc., one of the distribution entities that sold the olives to the subject Subway, and Hewko then amended her complaint to include Rema Foods as a direct defendant. Hewko claimed that the unpitted olive was an unanticipated part of the sandwich, since Subway sandwiches are known to include pitted olive slices. Thus, she claimed the existence of the unpitted olive was a negligent hazard that caused her personal injury. The defendants did not dispute liability., Hewko claimed she fractured three teeth. She subsequently underwent a crown replacement on #19 tooth, located on the bottom, left side. She also underwent dental treatment for her two upper fractured teeth, #12 and #13. Hewko claimed the three subject teeth remain sensitive, and that she will require further treatment for teeth #12 and #13, consisting of either removal/replacement of the teeth with a possible bone graft. She also claimed her condition has affected her ability to work as an office manager at her husband’s business, causing her $75,000 in damages for her past lost earnings. Hewko further sought recovery of $4,773.20 in past medical bills, and an unspecified amount of damages for her future medical costs, future lost earnings, and past and future pain and suffering. Defense counsel contended that Hewko failed to provide any documentation to substantiate her alleged loss of earnings claims. Counsel also contended that Hewko was not, nor was she ever, an owner of the company that she allegedly worked for and that her boyfriend at the time of the incident, now her husband, was the sole owner of the company, which was a sole proprietorship.
COURT
Superior Court of Los Angeles County, Lancaster, CA

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