10:15 AM EST February 04, 2003
The Associated Press
PANAMA CITY BEACH, Fla.
A couple is suing the franchisee of a McDonald's restaurant, claiming an improperly prepared bagel damaged the husband's teeth and their marriage.
John and Cecelia O'Hare sued Friday for unspecified damages more than $15,000. They alleged the McDonald's, owned by Johnstone Foods Inc., was negligent and violated an "implied warranty that the food sold was reasonably fit for human consumption."
They contend in the suit that John O'Hare broke teeth and bridgework on Feb. 1, 2002 when he bit into the bagel. The suit did not say what exactly was wrong with the bagel.
The suit alleges the wife "lost the care, comfort, consortium and society of her husband." The couple's attorney, Tim Warner, did not return telephone messages left at his office.
Tracey Johnstone, owner of Johnstone Foods, said she never before had a bagel complaint and had no idea how it could have been prepared in a way that would damage teeth.
"It's a bagel," she said.