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Posted at 11:53 AM ET, 09/23/2010

Settlement in Va. chicken sandwich suit

By Washington Post editors

A Florida man has settled his $2 million lawsuit against a McDonald's restaurant in Southwest Virginia that allegedly served him a chicken sandwich that exploded with hot grease.

Terms of the settlement entered Friday in Alexandria were not disclosed.

The long-running case began in 2005 when carnival operator Frank Sutton of Brooksville, Fla., ordered a fried chicken sandwich at a McDonald's in the Daniel Boone truck stop in Duffield, Va. He said he suffered burns to his mouth and lips when it spewed scalding grease after he bit into it.

A judge dismissed the lawsuit in 2008, saying that Sutton should have tested the temperature of his sandwich before he ate it. But a federal appeals court disagreed and sent the case back for a second trial. That trial had been scheduled to start next week.

-- Associated Press

By Washington Post editors  | September 23, 2010; 11:53 AM ET
Categories:  Crime and Public Safety, Virginia  
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Comments

Oh good Lord...the sandwich was fried in grease that's probably 350 or 400 degrees. Does the restaurant REALLY have to tell you to be careful? Shouldn't you reasonably expect someting fried at that temp to be pretty hot?
May as well have called this "The I'm A Village Idiot" lawsuit.

Posted by: BigDaddy651 | September 23, 2010 12:17 PM | Report abuse

I find it disgusting that a federal appeals court disagreed and sent this nonsense case back for a second trial. Disgusting!

Posted by: eunicedelrosario | September 23, 2010 12:20 PM | Report abuse

I find it disgusting that a federal appeals court disagreed and sent this nonsense case back for a second trial. Disgusting!

Posted by: eunicedelrosario | September 23, 2010 12:20 PM | Report abuse

wonder if you'd say the same thing if you got burned all over your mouth by scalding hot grease.

Posted by: NomeMike | September 23, 2010 12:38 PM | Report abuse

Show the evidence. Pictures? There are burns, then there are burns. Hot coffee anyone?

Posted by: jckdoors | September 23, 2010 1:37 PM | Report abuse

Not as stupid as the woman with the hot coffee

Posted by: msdooby1 | September 23, 2010 1:50 PM | Report abuse

msdooby1: Information before derision please:

The woman who was burned with the McDonald's coffee suffered third degree burns on her thighs and vagina necesitating three grafts. The coffee was served in excess of 200 degrees in a vessel (coffee cup) that was designed for 120 degrees. The cup collapsed within the lid, which caused the coffee to splash as it was served through the drive through window. Within five minutes of the burning, the woman had lost two to four layers of skin on three separate areas of her body totaling seven square inches of flesh.

The same thing happened to my sister-in-law a year before the McDonalds incident, and no lawyer would take her case. She incurred thousands of dollars in out of pocket expenses for treatment and grafts. It was a dangerous product transported in a dangerous manner.

That is why American citizens. sitting as a jury, found McDonalds liable for damages. Perhaps if you were burned and couldn't have sex for a year while the grafts were done, then maybe you would understand.

Posted by: RogerRamjet2 | September 23, 2010 2:21 PM | Report abuse

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