Man Offered $150k for Exploding Jar of Fruit 30
Darryl Alexander of Southfield, Mi. claims that a lid from an exploding jar of Del Monte fruit knocked him unconscious. Since this is an unacceptable way to get one of your 2-4 recommended daily servings, he decided to sue Del Monte and Kroger where he bought the explosive jar. Both companies deny any responsibility but have offered the sore jawed Alexander $150k to settle the suit. "It happened so fast. I just had no time to react. ... I staggered, lost consciousness and fell to the floor. I eventually screamed for my wife," he said.
Good thing it was only fruit... (Score:1)
Shopping anyone? (Score:2, Funny)
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Trying to prevent a McDonald's coffee job... (Score:2)
This is trying to cover medical and time off work, plus a little, in an effort to prevent a repeat of the McDonald's coffee debacle. The man can prove that he was injured, and the jar contributed to his injuries. Del Monte and Kroger are just trying to prevent a PR nightmare with a relatively small (for the companies involved) sum of cash.
Phil
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Claiming permanent vision damage also. I'm not sure how much I'd pay to avoid permanent vision problems, but probably more than $150K.
Bloody idiot. (Score:3, Informative)
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My point exactly. He tried to open the bottle in a manner other than prescibed by the manufacturer and when it went wrong he's blamed someone else.
If I trip over when I'm walking down the street due to an uneven pavement, I pick myself up and keep on walking. I don't immediately start looking for someone to sue!
If someone idiot had left a cable draped across the walkway then that's a different story.
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Sad but true.
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Man heats a bottle, hits it with a hammer then blames someone else? Why did the judge not say "sod off, you leech"?
Modern litigation-crazy America, this is why we hate you :-(
This used to be the worst thing about America. Now it's probably the least worst thing.
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That's not what happened, judging from TFA. He ran it under warm water, a common technique to open stuck jars, the goal being to heat up the lid to make it expand a little and not be so tight (or maybe heat up the interior of the jar to increase the pressure, making the lid easier to take off). He hit the lid with the rubber end of a screwdriver, another common remedy (I guess the idea is to break the seal on the lid and allow the inside of the jar to equalize with the outside). I've done the same thing
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And this is exactly why I'm not a federal judge! The point about bacterial infection/pressure is a good one that I had not considered.
I actually understood what he'd done, even if my words seemed more critical.
Still, regardless of what's a "common remedy", I would not award damages to someone who'd used a method other than prescribed to open a can who had then suffered in some way as a result.
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I have no idea. I've never bought del Monte fruit.
But I have seen packets of food that have a warning label that says "Caution: Contents will be hot after heating" and on a packet of peanuts, "Caution: Contains Nuts".
Infection! (Score:2)
Actually, its well known some types of food contaminations can create gases within its storage vessel. Cans are well known to bloat and distort in shape. If its a glass container it can burst or "explode" fairly forcefully since it can't give until critical failure. Handling such a container is likely to encourage structural failure if its already near the breaking point.
If the guy is simply not attempting to commit fraud with his claim, its very likely the food was contaminated with something. If so, its p
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Who knew I could have had a potential cash cow on my hands. I can see it now, 'Mans yoghurt explodes in womans face...'
Brietbart-free version (Score:2)
This can be found somewhere more mainstream.. no need to promote the Brietbart site:
http://www.upi.com/Odd_News/2010/11/18/Man-rejects-fruit-jar-suit-settlement/UPI-38081290112519/ [upi.com]
Laws of Physics? (Score:3, Insightful)
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It hit him in the eye. Shock and pain alone could have made him pass out. It doesn't have to be sheer physical trauma.
Glass can be pretty strong when under tension so long as the force is applied evenly up until the part where everything fails.
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