Mistrial Order Vacated In Suit Against Wendy’s By Massachusetts Appeals Court

Mealey's (November 19, 2019, 10:47 AM EST) -- BOSTON — The Massachusetts Court of Appeals on Nov. 7 vacated an order granting a motion for mistrial in a suit against fast food giant Wendy’s brought by a woman who broke a tooth biting into a small piece of bone in a hamburger.  The appeals court remanded to the trial court to decide whether impermissible advocacy in plaintiff’s counsel’s closing arguments warranted a mistrial (Meaghan Fitzpatrick v. Wendy’s Old Fashioned Hamburgers of New York Inc., et al., No. 18-P-1125, Mass. App., 2019 Mass. App. LEXIS 149)....