Public Mediation

Longjohn silvers Dispute

S. M. vs. Long John Silver's (Charles Town Wv Branch)
32 Patrick Henry Way, Charles Town, West Virginia, 25414-4329, United States
Amount Involved: $1,000,000.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 6329456
    • Amount Involved: 1,000,000.00
    • Filed On: Jun 28, 2014
    • Posted On: Jul 09, 2014
    • Complaint(s):
      • Foreign object in beverage
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Statement of Claim
Claimant says:
"When going through the drive thru with my 23 month old daughter, I ordered her a kids fish stick meal and a large chocolate milkshake. After the consumption of her meal, we shared the milkshake. After having drank two thirds of the milkshake, I took off the lid and removed the straw so my daughter could have a couple sips and finish the rest. Instantly, I noticed she was severely choking on something which was unknown at the time. Her face was turning pale and she was gasping for air. With my military background and natural instinct, I began to clear her airway and on my second attempt, I found and removed a foreign item lodged deep in her throat. This item ended up being a piece of the plastic dispenser from the milkshake machine. I still have this item in my possession in the cup I received my milkshake in as well as my receipt. I then went back to the location and asked to speak to a manager, whose name was Aaron. After explaining the situation, the manager asked to see the item, that I still had in the cup. He attempted to take possession of the item and offered me a refund as well as a cold drink to soothe my daughters sore throat. This I denied because that would not cure the situation. A doctors appointment will be scheduled as soon as possible to examine my daughters throat."
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Additional Communication Between Claimant and Long John Silver's (Charles Town Wv Branch) Hide
  • Jul 01, 2014, Claiming party added:
  • I took my daughter to emergency doctors appointment where she had her throat examined as well as had her white blood cell count checked for signs if infection, then was ordered to get a chest x-ray for any addition foreign bodies within her throat and/ or stomach. The radiologist then told me that plastic doesn't always show up on an x- ray. This has caused such a strain on my schedule as well as on my daughter. Taking of work again for follow up with her pediatrician. .

What Claimant Wants Hide
1. Compensation: Pain and suffering/ Life threatening and traumatizing situation Jul 08, 2014 $1,000,000.00
Cash total : $1,000,000.00
  • 0
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Respondent's Counteroffer

There has been no response to this claim from Long John Silver's (Charles Town WV branch). This claim will remain posted until resolved
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