SE Texas Record

Saturday, September 21, 2019

Attorney sues after biting into candy cherry with pit in it, calls fractured tooth a ‘virgin’ without ‘blemish’


By David Yates | Aug 29, 2019

HOUSTON – An area attorney is claiming he fractured a “virgin adult tooth without blemish” after chomping down on a chocolate covered cherry with a pit still inside.

Representing himself, Peter Blute filed suit against Marich Confectionary, Sunrise Fresh, Nassau Candy Distributors and Wonder Foods on Aug. 28 in Harris County District Court.

According to the lawsuit, on Dec. 12 Blute was “caused personal injury” after biting into “Marich Pastel Chocolate Covered Cherries” and fracturing his “virgin adult tooth without blemish, cavities or disease.”

“After emergency consultation with a dentist, who confirmed that the tooth fractured ‘right down the middle’ as a result of the cherry pit inside the candy, plaintiff suffered through the night with painkillers, and then consulted a periodontist the following day, who confirmed that the tooth would have to be removed,” the suit states.

“The tooth was surgically removed to the dismay, anguish, and pain of plaintiff.”

Blute says each of the defendants placed the cherries into the stream of commerce and thereby contributed to the “damages and harm” he suffered.

Case No. 2019-60897

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