Florida Woman Awarded $14 Million in Assault Case

A jury has granted a Florida woman $14 million after she accidentally ingested metal nails and debris hidden in an ice cream cone, leading to serious complications that affected her ability to have children.

In September 2018, Brandi Buckley visited a Brewster ice cream shop that boasted “Real Ice Cream.” She quickly found out that her order didn’t quite meet that expectation.

Buckley, who ordered butter pecan ice cream, took a few bites but soon discovered “multiple metal nails and pieces of metal” mixed in. A lawsuit was subsequently filed in Brevard County State Court in 2019.

Initially, she didn’t notice anything unusual. “When I swallowed it, it felt like something was stuck in my throat,” Buckley recounted. “I thought it was pecans because it was butter pecan ice cream.” Her son asked to taste it, and while scooping, she discovered a metal nail embedded in the cone.

After struggling to swallow, she went to a local hospital to get an X-ray, wanting to confirm what she had ingested. “Just to be clear, it’s a pecan and it’s not,” she explained. “It was a nail. I mean, I swallowed a nail.”

The law firm representing her stated that this initial revelation led to a series of medical treatments. Surgeons managed to remove one nail along with additional metal fragments, but complications arose. Buckley developed portal vein thrombosis, as a clot blocked a small vein responsible for transporting blood to her liver, resulting in internal bleeding.

This issue necessitated further procedures, ultimately culminating in permanent infertility. Her lawsuit sought compensation for “pain and suffering, disability, disfigurement, emotional distress, and loss of the enjoyment of life,” in addition to medical expenses and other damages.

Buckley expressed that the inability to have more children was especially difficult for her, as she had always dreamed of a larger family. “That was my goal, and my dream was to have more children,” she shared.

Her complaint indicated that Brewster’s stores utilize a “certified ice cream maker” for their daily mixtures, but a breakdown in the process led to unsafe products being served. The lawsuit was directed at the parent company, Malabar Creameries, which operates as Bruster’s. Upon the complaint’s filing, the company denied the claims, even suggesting Buckley was at fault and asserting that their products were not defective.

A Brevard County jury, however, disagreed with the company’s stance. “We are grateful to these six jurors for taking their civic duty seriously and considering all the evidence,” said her attorney, John Alpizar. “This sentence reflects the significant impact on our client and ensures accountability at all levels.”

Nevertheless, her legal team anticipates that the ice cream maker may appeal the case, indicating it could take years before Buckley sees any compensation for her ordeal.