Date: 05-22-2005

Case Style: Michelle Lynn Lazzell v. Terry Hill and Rondal Hill d/b/a Subway

Case Number: Unknown

Judge: Unknown

Court: Circuit Court, Monongalia County, West Virginia

Plaintiff's Attorney:

Kelly R. Reed of Wilson Frame Benniger et al., Morgantown, West Virginia

Defendant's Attorney:

James D. Stacy of Pullin, Fowler & Flanagan, PLLC, Morgantown, West Virginia

Description:

Michelle Lynn Lazzell sued Terry Hill and Rondal Hill d/b/a Subway for the injuries and damages that she claimed she sustained in a car wreck that she claimed occurred when she bit into a tuna sandwich and choked on a rubber band. Her husband, who was driving the car in which Ms. Lazzell was a passenger, tried to slap her on the back to dislodge the food. He veered off of the road and hit a tree. Ms. Lazzell was not wearing a seat belt and, as a result, she hit the windshield.

The defenses asserted by the defendants are not available.

Outcome: The jury found that Ms. Lazzell did, in fact, choke on a rubber and in her sandwich but that the rubber band was not the proximate cause of the accident.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None