Legal setback for Camp Meeker woman suing McDonald's
Published: Tuesday, April 23, 2013 at 3:18 p.m.
Last Modified: Tuesday, April 23, 2013 at 3:18 p.m.
A Camp Meeker woman who sued McDonald's after she said she bit into a chicken McNugget and cracked her tooth won't find pay dirt under the golden arches.
Sara Binder failed to demonstrate the fast-food chain acted with malice, oppression or fraud in the incident stemming from a 2010 visit to the Sebastopol eatery, Judge Arthur Wick said in a tentative ruling Tuesday.
The judge upheld a series of legal challenges from McDonald's attorneys and barred Binder from claiming punitive damages, which could have climbed into the millions of dollars.
Wick deemed some of Binder's allegations and corresponding exhibits “irrelevant and improper.”
The lawsuit contained articles about chicken processing and a photograph of a woman holding a deep-fried chicken head next to a McDonald's logo.
Binder's lawyer said Tuesday that she would file a new complaint against McDonald's. It's not uncommon to have an initial legal setback when going up against a large company, attorney Bob Nellessen said.
“I've just started the fight,” he said.
Binder sued McDonald's, Tyson Foods Inc. and the franchise owner, claiming injury after buying a 20-piece McNuggets meal for herself, daughter and husband. Binder said she bit into a piece of chicken and cracked a molar on something hard, such as a bone or other foreign object.
She said she immediately reported the incident to restaurant management, but the company later denied it ever happened.
Her damaged tooth led an infection and serious medical complications, she said.
Binder will continue to seek reimbursement for medical expenses, her lawyer said.
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