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« Ductile Concrete | Main | He Still Doesn't Get It »

Too Litigious

Somebody needs suing here, but I don't think it's the ice-cream manufacturer. I'd say that the employee who lost the fingertip was harmed far more than the customer who found it, and refused to return it so it could be reattached. Now it's too late.

Posted by Rand Simberg at May 06, 2005 06:35 AM
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From the article:
"Lombardo said Stowers could have photographed the fingertip, taken a bit of flesh for DNA analysis or gotten an affidavit from the surgeon who would have reattached the digit."

Yeah, right. How likely is it that the guy who had nearly swallowed the finger had a camera with him? Or an evidence kit?

That's not to say that he's justified, however. It sounds like he smelled cash as soon as he tasted flesh. But there's a lot of goofiness in this story.

The flip side is the question of how come, after the accident, the store owner did not immediately--how's this?--STOP SERVING FROM THE CONTAMINATED CUSTARD BOWL! He was concerned after the customer found the fingertip, but apparently not concerned enough to actually look for it, or prevent it from reaching the customers?

And finally, it seems somewhat unlikely that they could have reattached the finger after it had been in a vat of custard. Custard is not a recommended preservative for human organs.

Posted by Brian Fleet at May 6, 2005 07:28 AM

I don't know what's going on there either. But apparently Mr. Stowers, the customer found the finger thirty minutes after the accident and it is claimed that doctors have success reattaching digits within 6 hours of amputation.

Maybe this customer smelled money, maybe he flipped out after he found a finger in his custard, or maybe both. I'm not sure we'll really ever know his thoughts unless his behavior following this is known.

Posted by Karl Hallowell at May 6, 2005 04:39 PM

You people are missing the point. He was asked to return the finger so the manager could take it to the hospital and he REFUSED!!!! This guy deserves a swift kick in the butt and nothing else.

Posted by Bill Maron at May 6, 2005 06:37 PM

"how come, after the accident, the store owner did not immediately--how's this?--STOP SERVING FROM THE CONTAMINATED CUSTARD BOWL!"

According to another article, HE DID.
In the brief time between the accident and the plug being pulled on the machine, an employee tending the drive thru window served a customer.

Posted by jayrtfm at May 8, 2005 10:47 PM


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