A jury has rejected a woman’s argument that a car accident was caused after she bit into a tuna sandwich and choked on a rubber band.
Michelle Lynn Lazzell sued the owners of a Subway restaurant claiming she started choking after taking a bite of the sandwich in November 2001.
Her husband was driving at the time, and when he tried to slap his wife on the back to dislodge the food, their vehicle veered off the road and hit a tree. Lazzell was not wearing a seat belt and hit the windshield.
After a three-day trial, the jury found on Friday that Lazzell choked on the rubber band, but the incident did not cause the accident.
Lazzell’s lawyer, Kelly R Reed does not plan to appeal.
”I think they feel, even though the jury did not award any damages, at least their good name was vindicated,” Reed told the Morgantown Dominion-Post in Saturday’s edition. ”They feel good that the jury decided there definitely was a rubber band in the sandwich.”
The restaurant is owned by Terry Hill and Rondal Hill. Jim Stacy, who represented the Hills, said they disagree with the jury’s finding involving the rubber band. — Sapa-AP