A New Jersey woman is suing JetBlue in federal court over an ice cream sandwich she claims was “dangerously cold,” alleging the cabin crew should have warned her the treat was “frozen solid.”
In a lawsuit filed Tuesday and obtained by The Independent, Karla Quinonez says JetBlue was negligent for “serving food at a temperature below what is reasonable or safe for consumption.” The carrier then compounded the problem by “failing to warn [her] of the dangerously cold temperature and solid state of the ice cream sandwich she was served,” according to Quinonez’s complaint.
“The ice cream sandwich that Defendant served to Plaintiff was frozen solid and caused Plaintiff to sustain severe bodily injuries, including a root fracture of tooth number 10,” the complaint says.
JetBlue representatives did not respond to requests for comment on Thursday.
On August 20, Quinonez and her partner were aboard JetBlue flight 1907 from JFK to Paris, when, during the meal service, Quinonez was given a “‘chomp size’ strawberry shortcake ice cream sandwich made by the Nightingale Ice Cream company,” the complaint states.
But, Quinonez argues, no one said anything about how hard the treat would be, and she immediately cracked her upper left lateral incisor when she bit down, the complaint goes on. This necessitated an emergency tooth extraction immediately upon landing, a subsequent implant, and continuing care upon returning to the United States, according to the complaint, which blames Quinonez’s “pain, suffering, and mental anguish” solely on JetBlue’s “negligent acts.”
In June, JetBlue was sued by a passenger who said she suffered disfiguring burns when a cup of “dangerously hot” tea spilled on her chest, buttocks, and arm during turbulence. In July, a California woman sued JetBlue, claiming her cancer returned after she was thrown off a flight following an argument over her emotional support bulldog with a crew member. In August, a traveler headed to the Bahamas sued JetBlue after fracturing her ankle in a freak seatbelt mishap. Last month, a JetBlue passenger sued over a hard landing that she said gave her a concussion. In-flight injuries are certainly not unique to JetBlue: a Michigan woman recently sued American Airlines over a coffee spill she says caused “severe 1st and 2nd degree burns over her legs, thighs, and genital area.”
JetBlue has an obligation to keep passengers safe while flying, and, by allowing Quinonez to crack her tooth on a serving of rock-hard ice cream, “breached its duty of care” to her, the complaint alleges. She has been forced to lay out significant expenditures for treatment, which remains ongoing, according to Quinonez’s complaint.
Quinonez bears no responsibility for her injuries, the complaint contends.
She is demanding a money judgment against JetBlue, to be determined by a jury, plus legal costs. Her attorney, Christopher Fraser, did not return messages seeking comment.
