Cayman visitor sues Hershey over candy ordeal

| 28/09/2016 | 22 Comments

(CNS): A visitor to the Cayman Islands from the United States who broke his tooth on chocolates he was enjoying while on vacation here three years ago is suing the candy giant. The man from Seabrook, New Hampshire, said his holiday was ruined when he broke his teeth as he chomped on the candy he had purchased in the US before he left. According to a press report in the New Hampshire Union Leader, John Giarrusso alleges Hershey is negligent and liable for his tooth trouble, which happened while he was relaxing on Grand Cayman with his wife and friends trying to enjoy the almond-chocolate treat.

Giarrusso claims to have been sharing the chocolate-almond nuggets with his friends and then took one for himself, but as he started to chew he bit down on a hard, jagged, sharp substance within the ’nugget’ piece that he was trying to eat and felt a piercing pain, then heard a loud crackling sound as his teeth were damaged, the suit states.

The “painful jolt” startled Giarrusso, who rushed over to a sink to spit out the chocolate but also spat out blood, tooth fragments and “sharp jagged foreign substance”.

Lawyers filing the legal action said Giarrusso’s vacation in Cayman was ruined because he endured substantial pain and suffering over an extended period of time and spent more than $8,000 in medical and dental expenses. The suit accuses Hershey of negligence, breach of warranty, and defective product liability.

“We have not seen a suit that fits this description so we cannot comment on this alleged incident, nor do we discuss pending litigation. Product quality and safety are top priorities at The Hershey Company and we take any concerns about the quality of our products seriously. Our products are produced under the highest standards for food manufacturing and safety in the world,” the company told the publication.

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Category: USA, World News

Comments (22)

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  1. Anonymous says:

    Did the tooth fairy not leave him anything???

  2. Anonymous says:

    Drifttooth

  3. Caymanian idiot says:

    Typical American. Surely he knew not to put the damm chocolate bar in the fridge.
    Soon they’ll start on Tortuga rum.cakes for having rum in them. Oh and of course BIG Black Dick Rum because their white!!

  4. Anonymous says:

    I broke my teeth on vacation in CB on an imported almond nut, who and where do I go to sue.

  5. frangipani says:

    Leave it to the Americans to sue!!! If his tooth was that weak it most likely would have broken whether he was eating anything or not…..but they continue to get away with these pranks don’t they?!

  6. Anonymous says:

    Unless he declared the chocolate, obtained customs clearance and paid duty on it, which never happened (and his customs declaration and duty payments would be a matter of record), his importation and consumption of foodstuffs into the island was a criminal offence.

  7. Anonymous says:

    Love it! (lol)

  8. Anonymous says:

    Is the plaintiff American?

    • Anonymous says:

      Had to be. Americans sue for any and everything. The things that Caymanians and other Caribbean Nationals let pass, it certainly won’t be happening with them. Especially, with Contract Law, Constitutional Law/Rights, and any other Claims to damages or for remediation, you better know or understand the premise of your counter argument. In Cayman, we shelve laws and never enforce them; however, that is not the case with U.S.

      Something tells this will be one expensive damaged tooth or defective smile. Just watch.

      Now, go and get Hershey for damaging your tooth.

  9. Sweet tooth says:

    Cadburys next time mate. Much better!!!!

  10. Anonymous says:

    He should also sue them for putting sugar in the chocolate which made his teeth weak, and perhaps a secondary charge of making him fat.

  11. Anonymous says:

    Must have been rotten teeth. LOL

  12. Annie says:

    Gotta love Americans

    • Anonymous says:

      Americans know when to get at you. There are two nationalities that the cayman islands try not to invoke or provoke legal wrangling with:

      1. United States
      2. China
      3. UK

      Yes! In that order…

      In this case, Hershey know there in for monetary settling and probably a written apology. Oh, and maybe- just maybe- awarding him a lifetime of free chocolate treats. Who knows. [Shrugging shoulders]

      • Anonymous says:

        You seem to be stuck in the past buddy. Sure people continue to sue at record rates but companies are more and more putting their foot down more so to make a point in such frivolous cases. People do this expecting companies to settle but it’s most likely weak teeth and nothing to do with the chocolate. They should take him thru the wringer.
        P.S. the only one’s I’ve seen who actually give a crap about a written apology are the British. It usually comes standard when dealing with anyone compassionate but from a faceless corporation? Meaningless.

      • Anonymous says:

        let us hope they give him soft chocolates!

  13. Anonymous says:

    Sorry to hear that your vacation in paradise was ruined – hopefully you had the service of one of our good dentist. I would suggest that Hershey settle this one out of court.

    As a fellow “Live Free or Die” resident, Hershey will learn that we do not give up easy. Mr. Giarrusso I would suggest that you contact former Governor John Sununu. Yes sue the damn chocolate company.

    N.H. – the way life should be – minus foreign substances in Hershey bars.

    • Anonymous says:

      Was likely nothing foreign in the bar. His tooth gave out and that’s a way to cash in. Fight it to the death!

  14. Rp says:

    Ha ha ha ha

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