This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Product Liability
Foreign Object In Food

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

Olaf A. Landsgaard


Defendant

Thomas P. Gmelich
(Bradley & Gmelich LLP)

Tonya N. Malek

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.


#118231

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390