Legal Question in Personal Injury in California

Bit into cake and found a hard solid thick piece of plastic

On Mothers Day my husband who is a DEputy stopped and bought me a carrot cake on his way home from work. We ate dinner and the kids ran up to shower. I sliced the cake and bit something very hard. I was horrifed because I almost always serve the kids first. My 5 year old son could have choked and died from this object. The grocer sent me out a gift certificate for $17.00. I mailed them the piece and they are investigating what it is. My guess is the object is something from the factory. They have appologized. Should I stop here or pursue something further. I sent a certified letter and I have photo copied the piece mailed in. I'm honest and only hope they are honest. This is very disturbing to me.


Asked on 6/03/06, 4:04 am

2 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Bit into cake and found a hard solid thick piece of plastic

Why would you have mailed the evidence to the defendant? What type of object was it?

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Answered on 6/06/06, 11:26 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Bit into cake and found a hard solid thick piece of plastic

Your experience while unpleasant your experience does not appear to have caused you any real damage to you or your family. While you could sue cake maker and perhaps the seller, your recovery would appear to be small due to the lack of damage. If you are interested in following through with this discuss it with an attorney, it may have more value than your statement indicates.

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Answered on 6/06/06, 11:45 pm


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