During a fundraising event catered by Cipriani USA, Joan Jacobs Brumberg unknowingly swallowed a 1½-inch shard of wood while eating an hors d'oeuvre. (When Joan later experienced a sharp pain in her abdomen, the shard was discovered, and two surgeries were required to correct her internal injuries.)
After the Tompkins County Supreme Court dismissed her case, Joan appealed. And the Appellate Division, Third Department, thought there was an unresolved question as to whether Joan's injury occurred while at the event. (Since Cipriani "operated" the banquet hall, and "exclusively prepared, provided and served the food," the court was of the view that the company had retained enough control to trigger liability for what was alleged to have transpired.)
That had to be hard to swallow.
To view a copy of the Appellate Division's decision, please use the following link: Brumberg v. Cipriani USA, Inc.