David Yates Aug. 5, 2009, 5:56am
While chowing down on a Whooper, Tabatha Clifton claims she shattered a molar when she bit down on a rock in the burger.
Clifton filed suit against Burger King on July 22 in Orange County District Court, alleging the fast food establishment negligently failed to properly prepare her food.
According to the suit, Clifton purchased a Whooper with a small fry to go on July 10. After she received her food, she began eating as another person drove the car in which she was a passenger.
"Approximately half way done with her burger, she took a bite (sic) she bit into a rock and shattered her back molar," the suit says. "Defendant failed to exercise ordinary care in preparing the food sold to plaintiff."
She is suing for past and future mental anguish, impairment, lost earnings and pain, plus attorney's fees.
Clifton is represented by attorney Jim Bearden Jr. of Bearden & Bearden.
The case has been assigned to Judge Pat Clark, 128th District Court.
Case No. A090417-c