While we await the Egyptian Speaker of Parliament, who is apparently about to make an important statement about the government, I wanted to put a quick capper on this story about Dennis Kucinich and his dental issues. The announcement that he was suing a Congressional cafeteria because he bit into an olive pit sparked a good deal of derision, but apparently not by the cafeteria or its lawyers, because according to Kucinich they settled out of court for damages.
The parties have exchanged information and after some investigation and discussion have resolved the matter for an amount all parties believe reflects the actual out-of-pocket expenses related to this incident. The terms of the settlement are confidential; however, I feel that the defendants have responded fairly and reasonably. I don’t want to have to make another dental visit for a very long time, and will be making no further comment on this matter.
In Kucinich’s statement, he talks about the two-year ordeal to fix his teeth after biting into the olive pit, which the cafeteria claimed was removed. His tooth split in half upon impact with the pit, and because the tooth anchored the upper bridgework, several teeth became infected. This caused a lot of pain and the need for deep medical treatment. Eventually the tooth was removed, the bridgework reconfigured, and six other teeth replaced as well. None of Kucinich’s dental insurance covered this type of injury.
Justin Elliott talked to a consumer lawyer who said that he would have won the lawsuit:
“Everybody is getting caught up on the pit — ‘Oh, it was some little thing.’ Take the word ‘pit’ out and put in ‘sharp piece of metal.’ Nobody would have a problem with suing over that. They’re trying to make this about something trivial. A pit in an olive is the same thing as biting into a rock,” Dolan says. (One of his clients lost three teeth after biting down on a rock in a salad. Another was burned by cleaning acid in a bottle of water.) [...]
“If he’s got the label that says ‘pitted olives,’ and they weren’t pitted, that’s called an express warranty. They told him the sandwich had no pits. He didn’t get what he bought, and it harmed him,” Dolan says. “The other area is strict products liability. There is something wrong with the product. He didn’t cause it. He had no reason to assume it was in the product. And he got injured.”
It seems to me this casual jibe at Kucinich and the olive pit reflects a broader bias against consumer protection lawsuits. There’s apparently a movie at Sundance this year called “Hot Coffee” which chronicles the familiar story of the lady who won a large settlement from McDonald’s suing after coffee spilled in her lap. As this interview with Democracy Now explains, in reality the woman was physically scarred by the event, and McDonald’s was negligent by keeping their coffee indescribably hot to preserve it. It’s part of a larger story of how corporations degrade the civil justice system by mocking legitimate grievances, and the Kucinich incident fit neatly into that.
We all have the right to expect packaging and labeling to be accurate, and to hold accountable those who fall short of that. Kucinich was merely exercising his rights as a consumer. Beyond the laughter, we should take note of that.




15 Comments

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There’s still something fishy about this. Why did it become necessary to file a lawsuit? Why would a cafeteria be advertising a pitted-olive sandwich when everybody knows olives may contain pits?
The Pit and the Petulance.
OK, I’ll bite: Was it a nicoise or kalamata olive?
Some people are never satisfied – yes, I’m talking to you, bmull and medicinecat. As a long time supporter of Dennis and one of his constituents, I received an email from Dennis in which he described in detail the situation. He only did so because people such as you were turning it into something that it wasn’t. This was hardly a trivial matter; it took two years, several surgeries, considerable pain and expense, none of which was covered by his health care plan. The law suit was settled out of court for an amount that both parties consider fair and Dennis will have nothing further to say. And I hope no one else will, either!!!
I think the comments on this matter are a further attempt to marginalize someone who is among the very few representatives who still has aspirations to serve the American people. I’ve bitterly criticized Dennis for his fold on the public option; but I’m also aware that his fold was visible only because he held out longer than anyone else.
And he’s also one of the few Congressman who ever introduces bills that will actually solve serious problems, which may be correlated to the fact that he’s among the few politicians who hasn’t gotten rich on corporate money, which may well be correlated to his attempt to actually serve.
$150,000 for dental work is a lot of money. If Dennis were a millionaire like the rest of Congress, that would only be a pittance. ;^)
That was the amount he sued for. Since they settled, i would imagine he got less. I would hope he got something for the “pain and suffering” caused. Tooth pain is one of the hardest to deal with…
What did he settle for? A ride on Air Force One?
druidity36 @ 5:40 am
I think you misread my comment. I meant to infer that the financial burden for the dental work, alone, is a lot of money for anyone other than a millionaire. I did not mean to imply that Dennis was suing for big bucks. $150,000 is NOT a lot of money in the context of a personal injury law suit. I’m sure Dennis only wanted a fair settlement to cover his medical bills and some of his suffering and inconvenience.
My quip was directed at the cupidity of the rest of Congress for whom $150,000 represents no more than a mosquito bite to their own budget, and who probably would have sued for $500,000 under the same circumstances, viewing such an injury more as a lottery ticket.
Kucinich has a hard time getting corporate contributions to his campaigns. At least now he’s gotten one.
150,000 for a tooth hell i was disabled at work and put on ssi and didnt get shit screwed by a staterun insurance company,workers comp is a big fucking lie in montana.
but i sure am glad he got his poor little toothy fixed
for fucking freeeee
If you’ve ever suffered from a broken tooth, it is not something to be laughed at.
And the cost is not minor. Not to mention, that teeth can never be replaced once lost (and don’t start on implants)!
I just read Rep. Kucinich’s full statement on his website and considering the ordeal he just went through, I’m glad the company settled with him. If any of us were injured or sickened by a restaurant we would be certainly entitled to a redress of our grievances. I’d strongly recommend everyone read the full account of his ordeal here: http://kucinich.us/index.php?option=com_content&task=view&id=28892&Itemid=2