Sunday, January 30, 2011

Dennis and the giant olive pit

"In Congressman Dennis Kucinich’s statement, he talks about the two-year ordeal to fix his teeth after biting into the olive pit, which the cafeteria claimed was removed. His tooth split in half upon impact with the pit, and because the tooth anchored the upper bridgework, several teeth became infected. This caused a lot of pain and the need for deep medical treatment. Eventually the tooth was removed, the bridgework reconfigured, and six other teeth replaced as well. None of Kucinich’s dental insurance covered this type of injury."

A consumer lawyer said that he would have won the lawsuit:

“Everybody is getting caught up on the pit — ‘Oh, it was some little thing.’ Take the word ‘pit’ out and put in ‘sharp piece of metal.’ Nobody would have a problem with suing over that. They’re trying to make this about something trivial. A pit in an olive is the same thing as biting into a rock,” Dolan says. (One of his clients lost three teeth after biting down on a rock in a salad. Another was burned by cleaning acid in a bottle of water.) [...]

“If he’s got the label that says ‘pitted olives,’ and they weren’t pitted, that’s called an express warranty. They told him the sandwich had no pits. He didn’t get what he bought, and it harmed him,” Dolan says. “The other area is strict products liability. There is something wrong with the product. He didn’t cause it. He had no reason to assume it was in the product. And he got injured.”


MY STORY;


About six month ago I bought a package of regular size 'SNICKERS" candy bars. (Yummy. I love them) but they are a rare treat. One especially super good way to eat a Snicker is to freeze it. Let it sit in the freezer until it gets good and cold and hard . Then enjoy!

One night about 8PM while watching TV, I forgot the name of the show. Could have been "Antiques Road Show" or maybe reruns of Lawrence Welk on PBS. Anyway I got up and went to the kitchen looking for a snack. I opened the freezer and spied the aforementioned Snicker candy bar which was frozen to perfection

I went back to my spot on the sofa in the den, reached down and petted the dog, and opened the candy bar and began savoring it Oh my was it good. Cold. Creamy. Chocolate. With just the right amount of nut filling. I got lost in the TV show and mindlessly took a big bite of the frozen Snicker.

HUM. What was this sharp piece of stuff doing in my mouth. And what is it. Was there a sliver of metal or something in the candy bar?

Then my tongue started searching around in my mouth. UH OH. What is this hole in my right upper rear gum line. I went to the bathroom mirror. Sure enough the frozen Snicker had completely broken off my bridge.

My dentist must be sending his son to Harvard or Yale and also buying a Mercedes convertible for his wife because the price he charged to fix me up with a new bridge was enough to support a third world country for a year.

But what choice did I have. I bit the bullet and went ahead with the dental procedure. UH OH I did not literally "bite anything"

So my questions are:

1 Should Snickers have a Warning Label on the candy bar; "Warning DO NOT FREEZE"

2 Has the statute of limitations run out?

3 Should I change dentists?

4 Should I watch more stimulating TV shows to avoid being lulled into complacency?

5 Is your brother in law a class action attorney who advertises on TV?

Thanks for your thoughtful attention to this matter. :)

8 comments:

kenju said...

As we get older, our teeth break more easily. My father bit into a baked potato once and sheared off a tooth at the gum line. I think I'd not be freezing the candy bars any more, Chancy. It's not a good "chance" to take with your teeth!

Kay Dennison said...

Dang Chancy! How awful!! Hope you're doing okay.

Darlene said...

I broke a tooth on a Snickers bar once. I felt a jagged edge on my tooth with my tongue and thought it was a piece of nut shell that was embedded. When my dentist told me that I had broken a tooth I was not a happy camper. Should I have sued the candy company? It never occurred to me to do so. Maybe I missed a golden opportunity to clean up. ;-)

Joy Des Jardins said...

Yeah, I think our teeth break more easily as we get older too. Great news huh? Just another thing that breaks down with age. I dread when I have to go to the dentist these days....the costs are outrageous. Good luck Chancy...there goes the frozen candy bars....RATS!

cassie-b said...

I guess that makes me lucky in at least one of the "daily dangers" I don't like Snickers Bars. But I wonder about Heath Bars.

Anonymous said...

My feeling is that life is too short and too unpredictable for me to blame someone else just because an unfortunate incident occurs. I have broken a tooth on food, have had an auto accident that was partly caused by another driver having parked in a "no parking" zone, slipped in a parking lot...but...I want nothing to do with haggling over, "It's your fault!" "No, it's yours."

Life happens. When I was flying and sky diving, I told my family that they were not to sue anyone for anything should it end badly. Now that I am swimming in an untended pool, I have given the same instructions and told the attendants at the front desk that they should not fret should they be 15 minutes too late in finding me floating face down in the pool. I do, after all, know the risks.

I understand that there are other ways of looking at things, but I think that wide-spread reportage of lawsuits over life's travails have made us all 'way too suit happy.

Anonymous said...

There is little worst than that gut sinking feeling after hearing a crunch and spitting part of a tooth into a hand. Been there, done that. :-)

Chancy said...

This is a "tongue in cheek " post in more ways than one. I never had any intention of suing Snickers Co.

Tee Hee.