Rep. Dennis Kucinich sues cafeteria over olive pit in sandwich
Published: Wednesday, January 26, 2011, 12:51 PM Updated: Wednesday, January 26, 2011, 6:12 PM
By Sabrina Eaton, The Plain Dealer
The Plain Dealer
Dennis Kucinich
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Download a copy of Kucinich's lawsuit
WASHINGTON, D.C. - Rep. Dennis Kucinich has rapped a U.S. House of Representatives cafeteria with a $150,000 lawsuit for selling him a vegetarian sandwich wrap in 2008 that he says caused dental damage when he bit into an olive pit.
The lawsuit that the Cleveland Democrat filed Jan. 3 against operators and suppliers of the Longworth House Office Building cafeteria says the sandwich he bought there "on or about" April 17, 2008 "contained dangerous substances, namely an olive pit, that a consumer would not reasonably expect to find in the final product served."
Biting into it caused serious "permanent dental and oral injuries requiring multiple surgical and dental procedures," the legal documents say. They contend the congressman is entitled to damages for future dental and medical expenses and to compensate him for pain, suffering, and loss of enjoyment.
"Said sandwich wrap was unwholesome and unfit for human consumption in that it was presented to contain pitted olives, yet unknown to plaintiff, contained an unpitted olive or olives which plaintiff did not reasonably expect to be in the food prepared for him, and could not visually detect prior to consumption," the lawsuit said.
A scheduling conference on the case has been set for April 8 before District of Columbia Superior Court Judge Gregory E. Jackson.
Kucinich's mishap occurred several months after the vegan congressman abandoned his second ill-fated presidential run. On the day of the incident, Kucinich chaired a hearing that examined whether cattle were being abused in California slaughterhouses.
The dental damage didn't keep Kucinich from speaking out for long. On April 24, he appeared on Fox News Channel to discuss rising fuel prices with Neil Cavuto, transcripts show.
Kucinich's congressional office referred questions on the case to his attorney, Andrew R. Young, who declined to comment further on the suit or on the extent of Kucinich's injuries.
"It truly is a private matter," said Young, a former aide to Kucinich who has also served as a North Ridgeville council member.
A spokeswoman for the North Carolina-based restaurant company that operates the cafeteria, Compass Group, confirmed it has received the lawsuit and is reviewing the matter.
"Beyond that we don't comment on pending litigation," Compass Group Vice President Cheryl Queen said in an e-mail.
Kucinich's lawsuit also names a pair of food suppliers to the cafeteria as defendants.
Julie Botset of Performance Food Group said her company "will not comment on litigation or offer any comments on this case."
Spokesmen for the other food supplier, Foodbuy LLC, did not respond to a request Wednesday for comment.
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