A JetBlue passenger is suing the airline, claiming she suffered severe injuries from a “dangerously cold” ice cream sandwich served during an August 20 flight from New York JFK to Paris. Karla Quinonez of New Jersey alleges in a lawsuit filed on October 22 that the frozen treat was so hard that it fractured one of her teeth.
As part of the in-flight meal service on JetBlue 1907 she received a “chomp size” strawberry shortcake ice cream sandwich made by the Nightingale Ice Cream Company. According to the complaint, Quinonez bit into the frozen dessert only to crack her upper left lateral incisor, leading to severe pain and an eventual root fracture.
Upon landing in Paris, Quinonez sought emergency dental treatment for the broken tooth, which involved extraction and preparation for an implant. Her legal complaint claims she has since endured continuous pain, mental anguish, and costly ongoing medical expenses.
Quinonez contends that JetBlue’s decision to serve the frozen dessert without telling her it was that cold – warning about its “solid state” – constitutes negligence. The lawsuit alleges JetBlue breached its duty of care by not warning her of the risk associated with consuming the “dangerously cold” treat. Damages would presumably be capped by the Montreal Convention at 128,821 Special Drawing Rights or approximately $172,000.
And just to show that life imitates Goldilocks, JetBlue was sued in June by a woman who says she was served tea too hot. It spilled on her chest and buttocks during turbulence, she claimed, causing disfiguring burns.
God I hate ambulance chasers and the US civil litigation system. Accept responsibility and make your own decision on what to do then deal with it. Hopefully thrown out and that JetBlue fights this shyster. To have to be told ice cream is cold or may be frozen is ridiculous.
How old this lady? Did she have a bad tooth full of metal to begin with. A tooth does not break unless it is weak to begin with. If she had amalgam in there to begin with the tooth was not stable. If she did not keep up with her cleanings then the base could have be destroyed.
Sounds like she wants jet blue to pay for a new gold tooth
For gawd’s sake! I broke a tooth..it’s YOUR FAULT. Don’t bite down so hard, stupid. I was burned because of your hot coffee…it’s your YOUR FAULT. Coffee SHOULD be brewed at 180°F STUPID I got a stomach ache because you served bad food…it’s YOUR FAULT. Well, yeah…sometimes it is “YOUR FAULT” but most of the time…YOU are stupid. I agree, this person wants “something for nothing”. If the courts were prone to truly believe that “justice is blind” and “equal protection under the law”, I would hope that JetBlue would not settle and then (hopefully they would win!) and then “clean her clock” financially. Too bad the courts don’t have a “looser pays” the attorney bills!
Serving liquids too hot is not the same as serving a rock-hard ice cream sandwich.
Ice cream too cold… coffee too hot… blah blah blah… stay the f*k home.
1 bad apple (strawberry) ruining it for everyone else!
@Joseph … Once I thawed the cold ice cream in hot coffee . I remember an early morning UA flight from ORD , to ATL , during a snowstorm . The plane had been sitting all night , and the inside was very cold .. You guessed it : they served hot coffee and cold ice cream , and my bag came on the following flight , a few hours later . The worst part , for me , was the hanging around ATL airport waiting on my bag , before flying onwards .
As a legal matter – the “too hot” and “too cold” are completely different. When something is boiling it can spill on you and cause serious burns and even with drinking it – you may not realize how hot it is before taking a sip. With cold, once she started biting down and found out how hard it was, she easily could have stopped and waited for it to melt.
Most people who make fun of the burn stories like the McDonalds one have NO IDEA the facts of the case and how bad the injuries actually were.
America is like a moron convention. I’m embarrassed to be American. Embarrassed to even be human. What a goddam idiot this person is.
@Adam T
I’m embarrassed you are American too.
When a perpetual “victim” meets a lowlife ambulance chaser.
“Serving liquids too hot is not the same as serving a rock-hard ice cream sandwich.”
That’s right, one is hot and the other is cold. Time for a gold star.
This is why we can’t have nice things.
It’s one thing chomping down on something gard that is under expected (e.g., a bone in a chicken salad sandwich). But, with an ice cream sandwich, you slowly increase pressure. If you are drinking a hot beverage, you get a sense of the temperature before taking a small sip that includes a bunch of air. How did this person live this long?
Joseph, Adam T, David,: Joseph: If a person knows what coffee is, then (unless they order “iced coffee”) will know that it is hot. Any publication, online or otherwise will tell you that coffee is best brewed between 195°F – 203°F. That is usually called “HOT COFFEE”. In an aircraft bouncing around in the air, one might think that one might be very careful handling “HOT COFFEE”. To help you understand, I should think that any moving vehicle (like a car or truck maybe??)should be considered. Not too hard to understand unless you are a moron. Adam T: OK..if you’re embarrassed to be an American, there are lots of ways that you can pack your bags and get the heck out of the country. You are NOT needed here. And David: Thank you SO much for alerting everyone that, indeed, there is a difference between hot and cold. Wow…what a revelation!