BREVARD COUNTY, Fla. – A Brevard County jury awarded over $14 million to a woman who ate ice cream contaminated with metal, according to law firm Alpizar Law.
Court records obtained by News 6 show that the woman — identified as Brandy Buckley — was seriously injured after eating the ice cream from a Malabar franchise back in 2018.
At the time, she was bought the ice cream using the drive-thru window at the Malabar location, situated at 329 Malabar Road in Palm Bay, the lawsuit shows.
“The case centered on an incident where the ice cream contained foreign objects — specifically two nails and several small metal fragments," a release from Alpizar Law reads. “After consuming the product, the plaintiff was taken in for emergency treatment.”
The release also shows that doctors removed one of the nails during surgery, along with multiple pieces of metal.
However, the victim later developed complications like portal vein thrombosis and significant internal bleeding, prompting an ablation that resulted in permanent infertility, Alpizar Law notes.
As a result, jurors found the national franchisor liable under an agency theory, which extended accountability beyond the individual location that was involved in this specific incident.
“We are grateful that this jury of six fulfilled their civic duty and listened carefully to all of the evidence,” John Alpizar said. “This verdict reflects the seriousness of the harm our client endured and ensures accountability at all levels.”
Meanwhile, the full lawsuit can be found below.