First Consumer Column Second Consumer Column Another One Bites A Maggot
The following is the letter sent from Mr. Bridges to Hershey Co. regarding an incident that occurred on January 19, 2001.
STATEMENT OF FACTS:
February 5, 2001
Reference: #349-76-39A
On January 19, 2001 at approximately 4:30 PM, I, Reggie Bridges randomly selected a 76 gas station located at 3315 High Street, Oakland, CA. Upon giving the gas station attendant the money for gas, I remembered that my wife and I had a late dinner engagement. Therefore, in an attempt to curb my appetite, I selected a Hershey with Almonds candy bar to consume.
As I proceeded to pump my gas, I switched the gas pump to the automatic position to allow myself the opportunity to open my candy bar. I was aware the the rapiers and the seals of the candy bar were not broken, therefore never suspecting any problems with the bar, continued to eat approximately the first half of the bar. During this, I became aware that the taste did not seem right - it seemed to be altered in some state from the norm.
Once I adjusted the gas pump in its upright position, I was able to examine the remains of the candy bar more closely. To my dismay there was a color-disfiguration and under even closer scrutiny, I noticed what appeared to be small yellow in color worms or maggots (see attached). Enclosed are the remains of the other half of the candy bar that was not eaten. Several photos are being developed.
At this point I attempted to clear my palette as best as I could. I immediately went inside the gas station to alert the gas station attendant to the series of unfortunate events that had just occurred. After giving the gas station attendant a visual of the worms I requested that she write an incident report. Ms Hu Du, the gas station attendant, stated that she did not write in english. During our conversation, there was another customer who had also witnessed the worms. She provided me with a business card that indicated that she worked for a lawyers office. I asked her if she could be a witness to what she had seen and she said "yes".
After about 5 to 10 minutes later I vomited a small portion of the chocolate sustemnace. For the next 72 hours, I had severe diarrhea. I called the advise nurse at Kaiser Oakland in an attempt to stop the diarrhea, or to take instruction on what I could do. The advise nurse gave me strict instruction to follow for the next 72 hours. Clear liquids for the next 24 to 72 hours, then gradually a cracker and or 7-up etc, until my bowel movements were less violent.
I am seeking compensation for the 72 hours of discomfort, lack of mobility, cancellation of dinner engagement, and the loss of quality time with immediate family. I'm asking Hershey's Company to make me an out of Court offer for the pain and suffering that occurred. Please respond within ten(10) days prior to court litigation. The above is true and accurate to the best of my knowledge.
I thank you in advance for your immediate response.
Reggie Bridges
