FORT LAUDERDALE - Wendy's Properties, LLC and one of the location's managers are being sued for negligence after serving a salad that caused injury to the Plaintiff and his wife. 

According to the complaint, John Schmidt bought two salads from Wendy's on August 14, 2015. One of the Managers at the time, Damian Gamez, rang his order and handed him the salads he ordered. However, there was a sharp piece of plastic in the salad.

17Later that night, the Plaintiff went home to eat the salad when the sharp piece of plastic tore his esophagus causing permanent injury. The Plaintiffs on this three-count complaint allege that (count 1) Wendys was negligent, and (count 2) Damien was negligent.

On Count 3 of this complaint, John's wife demands judgment against the Defendant for loss of consortium. 

The Plaintiffs demand judgment against the Defendants for damages in excess of $15,000 and is represented by Vincent Duffy, Esq. of The Law Firm Of Vincent J. Duffy, P.A in Miami.

17th Judicial Circuit Court - Broward County - John Schmidt, et al vs. Wendy's Prop LLC, et al - Case Number CACE-16-019108

Source: Broward County Official Clerk of Court Records.


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