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Consumer is not entitled to pain and suffering by caterpillar in Sandwich
The 6th Civil Panel of the TJDFT accepted an appeal from Mc Donald's modifying the sentence of the 1st Instance that had sentenced him to pay R$ 2,000 in compensation for moral damages to a consumer who found a caterpillar in a sandwich (read the article below). The plaintiff must pay legal costs and fees of R$500. The Panel's decision was unanimous.
According to the consumer, on 11/21/13, she went to the defendant's establishment and purchased a Big Tasty sandwich, for R$ 14. When consuming the sandwich, she noticed that there was a caterpillar in it. She then went to the attendant who was at the counter to make a complaint, being informed that it was meat residue. Even in the face of this information, he found that it was an insect and exchanged the sandwich for another one.
Mc Donald's claimed, in its appeal, that the fact that the plaintiff accepted another sandwich to be consumed at the place constitutes conduct incompatible with the supposed repugnance that it claims to have felt. In addition, it has strict cleaning and hygiene equipment and procedures for the establishment. It also maintains that if the plaintiff did not take action to investigate possible contamination of the food, it is because the fact is not as serious as she alleges. Furthermore, there is no proof of the alleged ingestion of the food, so the damage suffered has not been proven.
In his vote, the reporting judge states that “the fact that the plaintiff accepted the exchange of the product for another equal one demonstrates that she did not feel disgust and repugnance when finding a caterpillar in the product she was purchasing. Or that, even if you felt disgust or disgust, these were not enough to shake your mood. If he agreed to stay in the establishment and consume another similar sandwich, it is because the insect found in the sandwich did not affect his confidence in the establishment's hygiene and food preparation”. The other two judges followed the rapporteur's vote.
No more TJDFT feature.
Class understands that consumer has no right to pain and suffering by caterpillar in sandwich. TJDFT. Available at:< http://www.tjdft.jus.br/institucional/imprensa/noticias/2015/julho/turma-entende-que-consumidora-nao-tem-direito-a-danos-morais-por-inseto- in-sandwich >. Accessed on: 10 Aug 2015.