Food company and work comp insurer sued by employee allegedly injured after biting into chicken bone

GRETNA – A hospital employee has filed a lawsuit against her employer’s workers' compensation insurer and a food producer after she was allegedly injured biting into a chicken bone hidden in a bowl of gumbo.

Emylinda Carter filed suit against The Hillshire Brands Company and Corvel Healthcare Corporation in the 24th Judicial District Court on July 1.

Carter alleges that on July 2, 2013 she ordered lunch at the cafeteria at her place of work, West Jefferson Medical Center in Marrero, where she ordered a bowl of chicken gumbo prepared and manufactured by Hillshire. The plaintiff contends that after a few bites she bit down hard on a chicken bone hidden in the gumbo and a heard a crack and knew immediately that she had damaged her teeth. Carter asserts she filed an incident report with the human resources department at West Jefferson Medical Center and then paid to have dental work done to fix the alleged damage.

The plaintiff claims she suffered great pain throughout the ordeal. Carter contends that Corvel Healthcare Corporation – her employer’s workers' compensation insurer – and Hillshire could not come to a resolution on whose responsibility her injuries were.

The defendant Hillshire is accused of selling gumbo including chicken bones that could cause injuries and knowing that failing to remove bones from the food would cause injuries.

An unspecified amount in damages is sought for physical pain and suffering, mental anguish, embarrassment and dental expenses.

Carter is represented by attorney Marc R. Michaud of New Orleans.

The case has been assigned to Division I Judge Nancy A. Miller.

Case no. 739-949.