Frank Sutton claims he was injured over five years ago when he bit into a McDonald’s hamburger and grease exploded onto his skin.  The lawsuit went to trial in 2008, but just before the jury ruled, the judge threw out the case.  Sutton appealed and now the 4th Circuit Court of Appeals has reinstated the case and sent it back to the trial court.  Mr. Sutton was asking for $2 million in damages, which includes difficulty kissing on the lips.  His doctor treated the injury with lip balm.  I think the trial judge may have hit the ball out of the park when he dismissed the lawsuit and said:

“We all have some responsibility as a reasonable person to test the temperature of what we’re going to eat before we dive into it.”

Here’s the ruling of the 4th Circuit Court of Appeals.  See also “Fourth Circuit Reinstates Exploding-Sandwich Lawsuit.”

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