Feeling HOT, HOT, HOT
Marcus and Elaine Long of Houston, Texas, are suing McDonald's for breaching an "implied warranty" that its food is "wholesome." Mr. Long, diagnosed with cancer of the brain, colon, lung and spine, can no longer wear his dentures and eats soft foods only. For the past year he has consumed three sausage, egg and cheese McBurritos every morning. He alleges that one morning, one of the burritos was so "oversaturated with black pepper" it caused him to have a two-month long nosebleed, damage to his vocal cords and an infection in his mouth.
Mrs. Long claims that when she returned to the McDonald's from which she purchased the burrito, the manager informed her they had "spice[d] up the bland burritos with a little pepper" but refused to refund her money or compensate her with a free Happy Meal. Leonard Cruse, the attorney representing the Longs, claims Mr. Long was "seriously injured" by the burrito which was "unfit for human consumption." Dr. Leslie Botnick, an oncologist who has no personal knowledge of Long's medical case commented, "Black pepper is a onetime event.... It's not gonna be there on a daily basis....
If you buy a burrito, it's sometimes gonna be hot. That's what burritos do. Pepper does not promote cancer" and further stated that when a patient with cancer bleeds, it is usually due to a bleeding tumor, not a burrito. Don Clark, president of the McDonald's franchise, released a statement denying wrongdoing and said Long was the only customer to complain. The Longs are seeking unspecified damages for "gross negligence and intentional infliction of emotional distress."
—Source: Houston Press
