A former member of the military is preparing to take his personal injury case to trial in August, despite the fact that he must travel across country and ocean to do so. The man claims he was injured by a sandwich from Burger King when he was stationed in Hawaii.
Personal injury is often associated with vehicle accidents, but it can also occur because of things such as unsafe premises or defective food products. According to reports, the injury in this case occurred when the man’s wife brought takeout home from Burger King. The man was resting in his home at the time due to back pain.
He alleges that a needle in the sandwich pierced his mouth. He also says another needle made its way to his small intestine and became lodged there. The issue required hospitalization.
The lawsuit names both Burger King and the U.S. Army and Air Force Exchange. The exchange operates the Burger King franchise on the military base in central Oahu.
Government attorneys sought a dismissal, stating that injuries suffered in the course of military service did not qualify for a civil lawsuit.
The judge in the case denied the motion for dismissal. He said that an injury suffered at home while eating a meal that is available to military members and the general public did not constitute an injury occurring under military command or discipline. No settlement was reached, resulting in a trial set for August.
Personal injury cases of any type demand attention to details. In this case, as in many others, legal complexities were involved in just getting the case to court. If you have been injured because of another party’s recklessness or negligence, then a personal injury attorney can assess your case with a view toward maximizing compensation for your injuries.
Source: Syracuse.com, “Burger King sued by ex-soldier from Upstate NY over injury from needles in sandwich on Hawaii base,” June 3, 2014