Florida jury awards $14M to woman who ate ice cream filled with nails, metal fragments
BREVARD COUNTY, Fla. (WFLA) – A woman who was seriously injured after eating ice cream containing nails and metal fragments saw a victory in court this week, after a jury in Florida’s Brevard County awarded her more than $14.1 million.
Brandy Buckley and her attorneys filed a lawsuit against Malabar Creameries in 2019. The franchise owns Bruster’s Ice Cream in Palm Bay, where Buckley purchased the ice cream cone at the center of her complaint.
The ice cream contained two nails and several small metal fragments, her attorneys said.
Buckley told local Orlando outlet WESH that she had already eaten some of the ice cream before she realized something was wrong.
“When I did swallow, I did feel something in my throat that kind of got stuck,” Buckley said, explaining that she initially assumed it was a pecan.
Buckley later noticed a nail in an unfinished portion of her ice cream, at which point she went to the hospital. Doctors ended up removing a nail and multiple pieces of metal from her body during surgery.
However, Buckley’s attorneys said she continued to face medical complications, including significant internal bleeding and blood clots. Doctors also had to perform a procedure which attorneys said resulted in Buckley’s permanent infertility.
The jury ultimately sided with Buckley, finding both the ice cream shop and Malabar Creameries liable. Buckley was awarded $14,147,525.39 for her medical bills and pain and suffering.
“This case highlights the critical importance of food safety and the responsibility that both local operators and national brands have to protect consumers,” said Scott Alpizar, one of the attorneys at Alpizar Law who represented Buckley in the case. “We are proud to have secured a result that brings justice and accountability for our client.”
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