Fla. man who sued McDonald’s after claiming burns from exploding chicken sandwich settles

By AP
Friday, September 24, 2010

Fla. man settles McDonald’s suit over hot sandwich

ALEXANDRIA, Va. — A Florida man has settled his $2 million lawsuit against a McDonald’s restaurant in southwest Virginia that allegedly served him a chicken sandwich that exploded with hot grease. Terms of the settlement entered Friday in Alexandria were not disclosed.

The long-running case began in 2005 when carnival operator Frank Sutton of Brooksville, Fla., ordered a fried chicken sandwich at a McDonald’s in the Daniel Boone truck stop in Duffield, Va. He said he suffered burns to his mouth and lips when it spewed scalding grease after he bit into it.

A judge dismissed the lawsuit in 2008, saying that Sutton should have tested the temperature of his sandwich before ate it. But a federal appeals court disagreed and sent the case back for a second trial. That trial had been scheduled to start next week.

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