A Woman Is Suing Chick-fil-A in Dallas Over a Cherry Pit She Says Gave Her a Heart Attack

By Amy McCarthy Thu., Dec. 4 2014 at 7:00 AM

Looks harmless, right? WRONG.

Usually, if Chick-fil-A is in the news, it's because its chief operating officer said something dumb, or because someone decided, wisely, to try to fill his bath with Polynesian Sauce. This time, though, the fried chicken chain is accused of something much weirder than a little draconian gay hate: giving a woman a heart attack by failing to properly inspect their pitted maraschino cherries.

From the jump, the story is pretty strange. According to a petition filed in the Dallas County district court this week, a woman named Cyndi Scruggs went to the Chick-fil-A restaurant in McKinney to enjoy an ice cream milkshake. Like most milkshakes, Scruggs' was topped with a maraschino cherry and whipped cream. Like every eager milkshake drinker, Scruggs popped her cherry-on-top directly into her mouth, only to find that it still contained a large fragment of cherry pit.

Biting into an intact cherry pit caused Scruggs to fracture two teeth below the gumline, which led to infection and eventual sepsis. Soon after, Scruggs had a heart attack, which is closely linked by medical research to sepsis, an infection of the blood. The plaintiff -- she survived -- also recently had the two teeth extracted, and will need to undergo painful tooth implantation procedures in the near future. At the time of the incident, Scruggs was living in Plano, but she has since relocated to Parker, Colorado.

Also named in the suit is the manufacturer of the offending cherry, Brooklyn-based Dell's Maraschino Cherries. Scruggs' complaint alleges that the company failed to "exercise reasonable care to reduce or eliminate the pit risk, or warn the plaintiff of same." She is seeking between $200,000 and $1 million from Chick-fil-A and Dell's Maraschino Cherries to cover medical expenses incurred after the incident, and for physical pain, disfigurement, impairment and mental anguish.

We Recommend

kergo1spaceship

"She is seeking between $200,000 and $1 million from Chick-fil-A and Dell's Maraschino"...........................why of course she is! Only in America can someone win a case like this. Now she is going to be rich, still disgusting, and most certainly, still tubby. Every establishment within 5 miles of where she lives is going to be frightened that she will bust through the front door, yelling "feed me!", in a smelly motorized cart, and a team of lawyers.

I can picture her bounding from side to side as she mounts the ordering counter, catching her breath, mumbling and pointing queasily, "snaaaaaaackkks".

I know, I know, it's not her fault, she was born that way. She's disabled; like that guy that I saw park in a handicapped spot at Walmart this morning. Dude parks right out front, and when he gets out, about $300 dollars of McDonald's wrappers cascade into the parking lot, sending all manner of trash and debris swirling into the Plano morning. And I felt bad because I ate a regular pizza last night!?

Idaho5555

There has never been a hateful public comment by an official of Chick Fil A directed at the gay community. The myth continues because of bad journalism.

meb123

I wonder if the Dallas Observer would have covered this story at all if the subject was male. The same goes to the majority of commenters below who are most likely male.

meb123

WhoisJohnGalt

It's no wonder Hate-Fil-A is leading the DMN's fast-food contest. The hate in Dallas didn't stop when Jack Ruby offed Lee Harvey.

Mervis

That poor cherry.

skippyaveo

America - the land of no personal responsibility and let's sue. Anyone who can crack TWO teeth BELOW the gum line on a PARTIAL pit of a cherry had bad dental hygiene to begin with. If you have ever seen a cherry pit they aren't that big, but would cause damage. A partial piece? Not like this. The again I am not a dentist. Not having the infection taken care of immediately is her responsibility too. If it hadn't have been a partial pit at Chik Fila - then it would've have been something else that cracked her teeth - an ice cube from her own ice tray while drinking a soda and chewing the ice? A peanut out of a can a mixed nuts? Name it, her teeth were not in very good condition if a sliver of a cherry pit can do that to two teeth. Not following up increases her degree of risk. Besides which - Chik Fila isn't exactly the healthiest place to eat, although who knows? It may have been a one time treat. I have never been there.

Still, you know she is going to win this lawsuit. They all do.

J_A_

Holy commas

Mm75205

Hmmm. You'd think by going to Chick-fil-A she would have already been saved. Guess that's not the case.

Mm75205

Perhaps it's Jesus she should be suing. He apparently didn't attempt to save her then, did He? I mean, that is why she goes to Chick-fil-A, amirite? Because of the Jesus food

Myrna.Minkoff-Katz topcommenter

OY! Poor kitty cat!

https://saboteur365.files.wordpress.com/2014/08/fun-walmart.jpg

ChrisYu

And here I thought the fried fast food caused heart attacks.

splckt

@WhoisJohnGalt another democrat with daddy issues, a malcontent who is starved for attention

ivyhall

@skippyaveo Assuming that her teeth weren't broken and or decayed at some other point, I wonder if she filed an immediate complaint at the restaurant or had produced immediate physical evidence of broken teeth. The fact that her "sepsis" originated in the oral cavity as a direct cause of chewing a cherry pit, rather than dental caries or chronic gum disease is also speculative. I can't imagine that some practitioner didn't put her on antibiotics. Finally sepsis does not cause "heart attacks" but can cause bacterial vegetation on heart valves if left untreated (for weeks or months)--usually if there is an underlying heart valve defect. This seems like a flimsy case--but the firm will likely settle.

oaklawnmassage

Daddy issues, are you kidding me? Republicans are the ones whoo grow up doing as daddy told them and can't think for them self. Thats why they live in the past!