Crystal Hewko v. Subway Stores Inc., dba Subway, Anna Hagen, and Does 1 through 50, inclusive
Published: Oct. 12, 2013 | Result Date: Jun. 21, 2013 | Filing Date: Jan. 1, 1900 |Case number: MC023106 Settlement – $20,000
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Defendant
Thomas P. Gmelich
(Bradley & Gmelich LLP)
Alan A. Carrico
(Belgum, Fry & Van Allen LLP)
Facts
On Dec. 8, 2009, Crystal Hewko purchased a sandwich at a Subway restaurant in Palmdale. However, while she was eating the sandwich she bit down on an unpitted olive, which she claimed damaged her teeth. Hewko sued Anna Hagen, the owner of the restaurant, and Subway Stores Inc.
Hagen and Subway filed a cross-complaint against Rema Foods Inc., the distribution entity that sold the olives to that subway store. Hewko also amended her complaint to include Rema as a defendant.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendants were strictly liable for her injuries. Plaintiff claimed that the unpitted olive was an unexpected part of the sandwich, and that its existence had been a negligent hazard that caused her injury.
DEFENDANT'S CONTENTIONS:
The defendants admitted liability, but disputed damages.
Damages
Hewko sought $4,773.20 for past medical costs.
Injuries
Hewko fractured three teeth, requiring dental treatment and a crown replacement.
Result
The parties settled for $20,000.
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