Product Liability Pleading

IN THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY, MARYLAND

JANE DOE *
5555 Greenbelt Road
Greenbelt, MD 20770 *
Plaintiff *
v. *
Case No.:
FAST FOOD *
1 Main Street
Upper Marlboro, MD 20770 *
Serve: Resident Agent *
7 A Street
Baltimore, MD 21201 *
Defendant *

COMES NOW, the Plaintiff, Jane Doe, by and through her attorneys, FORAN & FORAN, P.A., and sues the Defendant, Fast Food, and for reasons therefore states as follows:

1. That the Plaintiff, Jane Doe, is an adult resident of Prince George’s County, Maryland.
2. That the Defendant, Fast Food is a Delaware Corporation, licensed to do business in Maryland, including in Prince George’s County, Maryland.
3. That the Plaintiff, Jane Doe, on or about January 2, 2008, at 2:30 p.m. purchased a hamburger, french fries and a drink at Fast Food at 5555 Greenbelt Road, Greenbelt, MD 20770.
4. That the aforementioned food was the only food consumed by the Plaintiff, Jane Doe, on the day in question.
5. That the Plaintiff, Jane Doe, shortly after consuming the food and beverage purchased at Fast Food, at 5555 Greenbelt Road, Greenbelt, Maryland, 20770 became ill and was forced to seek medical attention.
6. That the Plaintiff, Jane Doe, purchased the aforementioned food and beverage that had been placed in the stream of commerce by the Defendant, Fast Food, in a defective and unreasonably dangerous condition in that the food and/or beverage was not fit for human consumption, its intended use, due to defects in the manufacture and/or preparation of the food and/or beverage.
7. That the Defendant, Fast Food, negligently failed to store, refrigerate, transport, cook, prepare and inspect the food which was served to the Plaintiff, Jane Doe.
8. That the aforementioned food and beverage reached the Plaintiff, Jane Doe, without any substantial change in its condition and was in the same condition at the time of the injury alleged.
COUNT I
(Negligence)
9. The Plaintiff, Jane Doe, adopts and incorporates all of the facts and allegations set forth above as if fully set forth herein.
10. That as a direct and proximate result of the aforesaid occurrence which was caused by the negligence of the Defendant, Fast Food, the Plaintiff, Jane Doe, who was at all times exercising due care, suffered severe pain and permanent physical injuries to her body as well as severe and protracted shock to her nervous system, all of which have caused and will continue to cause her great pain and anguish.
11. That as a further direct and proximate result of the negligence of the Defendant, Fast Food, the Plaintiff, Jane Doe, has been forced to expend and will continue to expend in the future large sums of money for x-rays, doctors, nurses, medical treatment, and medicine for the treatment of the aforesaid injuries to herself.
12. That as a further direct result of the negligence of the Defendant, Fast Food, the Plaintiff, Jane Doe, was forced to lose time from his employment and has suffered a loss of wages, as well as a loss of wage earning capacity.
    WHEREFORE, the Plaintiff, Jane Doe, demands judgment against the Defendant, Fast Food, in the amount of Two hundred Fifty Thousand Dollars ($250,000.00) for damages, together with the costs of this action and such other relief as is deemed just and proper.
COUNT II
(Breach of Warranty)
13. The Plaintiff, Jane Doe, adopts and incorporates all of the facts and allegations set forth above as if fully set forth herein.
14. That, pursuant to Maryland Law, there is an implied warranty that food sold for immediate consumption is reasonably fit for that purpose.
15. That the Defendant, Fast Food, breached the aforementioned warranty by serving the Plaintiff, Jane Doe, food which was not fit for immediate consumption in that it contained a contaminant which would not reasonably be expected to be found in this type of food.
16. That as a direct and proximate result of the Defendant, Fast Food, aforementioned breach of said warranty, the Plaintiff, Jane Doe, suffered severe pain and physical injuries to her body as well as sever and protracted shock to her nervous system, all of which have caused and will continue to cause her great pain and anguish.
17. That as a further direct and proximate result of the negligence of the Defendant, Fast Food, the Plaintiff, Jane Doe, has been forced to expend and will continue to expend in the future large sums of money for x-rays, doctors, nurses, medical treatment, and medicine for the treatment of the aforesaid injuries to herself.
18. That as a further direct result of the negligence of the Defendant, Fast Food, the Plaintiff, Jane Doe, was forced to lose time from his employment and has suffered a loss of wages, as well as a loss of wage earning capacity.
    
19. WHEREFORE, the Plaintiff, Jane Doe, demands judgment against the Defendant, Fast Food, in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) for damages, together with the costs of this action and such other relief as is deemed just and proper.

Respectfully Submitted,
Foran & Foran, P.A.

Ryan J. Foran
Attorneys for Plaintiffs
6301 Ivy Lane, Suite 600
Greenbelt, Maryland 20770
(301) 441-2022