Jury Awards $175,000 in ‘Chewing Accident’

A jury awarded $175,000 on Wednesday to an unemployed truck driver who said his jaw was dislocated when he crunched on a bone while eating a “boneless” chicken sandwich at McDonald’s.

The truck driver, Claude Allan Hart, was relieved by the verdict, but said, “There’s no amount of money you can put on what I’ve been through.

“The 4 1/2 years of pain can’t be compensated with money,” said Hart, who said he can open his mouth no wider than an inch and chews food with his front teeth. “It’s been hell.”

An Orange County Superior Court jury took four hours to decide that the chicken patty maker, Cargill Poultry of Buena Vista, Ga., was negligent in making the breaded patty with a one-inch bone inside.

Defense attorney Michael E. Wenzel said Cargill officials were disappointed with the decision and are considering an appeal.

Jurors found that the two other defendants named in Hart’s civil lawsuit--the McDonald’s franchise owner and the trucking company that delivered the patty--were not liable for the “chewing accident.”

Hart, 42, of Stanton, said he ordered his usual lunch of french fries, a chocolate milkshake and a $1.99 McChicken sandwich at a McDonald’s in Orange in September, 1989. Three bites into the sandwich, Hart testified, he felt an “explosion” on the right side of his head. He said he pulled out a bone lodged vertically in his mouth and gave it to the manager.

The next day, his jaw became swollen and made “clicking and popping” sounds whenever he opened his mouth, Hart said. Doctors diagnosed him with a jaw disorder.

Hart’s attorney, Johnna J. Hansen, said her client has $9,500 in unpaid doctor bills, and will require $30,000 in oral surgery to repair his jaw. She said she was pleased with the award, saying the $175,000 is “an adequate amount to compensate Mr. Hart.”

The defense, however, contended that Hart suffered from a pre-existing jaw problem, and that biting on the bone did not cause the damage Hart claimed. Wenzel told jurors that Hart had seen a dentist only twice in 25 years.

Before the mishap, Hart said, he sang in a rock ‘n’ roll band and had a hearty appetite. Since then, he said he has slurred speech and can only eat soft foods such as oatmeal, cereal and peanut butter on bread.

Hansen said that the jury’s verdict “sends a message to the defendants that they should have simply paid Mr. Hart long ago.” Before trial, she said, the defense’s highest offer was $7,500.

“I’m really happy about it and glad its finally over,” Hart said. “Its been a long, long battle.”