BREVARD COUNTY, Fla. – In a significant legal victory, a jury in Brevard County has awarded more than $14 million to a woman who suffered serious injuries after consuming metal-tainted ice cream, as reported by Alpizar Law.
According to documents accessed by News 6, the injured party, Brandy Buckley, encountered this unfortunate incident in 2018 when she purchased ice cream from a Malabar franchise.
She acquired the ice cream through the drive-thru at the Malabar establishment located at 329 Malabar Road, Palm Bay, as detailed in the lawsuit.
“This case revolved around the discovery of foreign objects in the ice cream, notably two nails and various small metal shards,” stated a release from Alpizar Law. “Following the consumption of the contaminated product, Buckley required immediate emergency medical attention.”
The release also highlighted that during surgery, doctors extracted one of the nails along with several metal fragments.
Despite the successful surgery, Buckley faced further health challenges, including portal vein thrombosis and severe internal bleeding. These complications necessitated an ablation procedure, which tragically led to permanent infertility, as noted by Alpizar Law.
As a result, jurors found the national franchisor liable under an agency theory, which extended accountability beyond the individual location that was involved in this specific incident.
“We are grateful that this jury of six fulfilled their civic duty and listened carefully to all of the evidence,” John Alpizar said. “This verdict reflects the seriousness of the harm our client endured and ensures accountability at all levels.”
Meanwhile, the full lawsuit can be found below.
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