The Impossible Whopper at a Burger King restaurant in Columbus, Georgia. Judge OKs Personal Injury Suit Over Burger King's 'Impossible Whopper' Allegedly Embedded With Glass
"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
November 21, 2023 at 10:00 AM
4 minute read
Food and Beverage
A plaintiff who claimed she swallowed shards of glass while eating a Burger King meatless "Impossible Whopper" brought sufficient allegations of negligence and breach of warranty to overcome the manufacturer's motion to dismiss, a federal judge in Virginia held this week.
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