Burns v. McDonald's Corp.

Williams, PJ.

Eating a McDonald’s double cheeseburger while driving his truck, the plaintiff, Daniel L. Burns, Jr. (“Burns”), felt a molar break on a hard object, which he did not recover. He brought this suit against McDonald’s Corporation (“McDonald’s”), which obtained summary judgment. Burns appealed, claiming that the motion judge erred in ruling that Burns could not demonstrate that the object on which his tooth had broken was something in the cheeseburger itself or something he should reasonably have expected would not be in the cheeseburger. We find no error and dismiss the appeal.

We…