Legal Question in Consumer Law in Michigan

Tombstone Pizza

My husband had an incident while eating Tombstone Pizza. He bit down on a nickel size piece of gray plastic. He chipped his tooth slightly from this. I became very concerned about my children who were at the time also eating this pizza, my youngest is 4 and may have very well choked on this piece if it had been him, or even one of the other kids. I have bought this pizza for my family for years now. I will no longer buy the pizza. What about other kids who eat this pizza? My husband has not gone to the dentist yet, but has made an appointment to do so. I did write Tombstone and tell them about this and they offered coupons and to pay for any dentist bills. Should I send this plastic piece to them? How will I know that this will not happen to others? What should I do?


Asked on 5/19/07, 4:51 am

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Tombstone Pizza

First, don't send the plastic piece in,--give it to your local lawyer and let her handle the negotiations.

You aren't responsible for the company's behavior and probably won't change anything they do, BUT you can raise a big enough stink that they make the internal decision to do something.

Just decide with your counsel, --not without.

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Answered on 5/19/07, 2:44 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Tombstone Pizza

Do NOT send them the piece of plastic - that is your only evidence. If they have offered to pay the dental bills, and really do pay them, that is probably the best you can hope for, as those are your only damages. While you could sue them for emotional distress it is unlikely the court would award you anything to make it worthwhile.

There is nothing you can do to ensure this won't happen to others - that is their problem.

If you need help collecting payment for the medical bills, let me know. Keep everything they send you.

Thanks and good luck.

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Answered on 5/19/07, 11:09 am


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