I’m not in the habit of carefully sorting my frozen fruit before dumping it into my blender—but I just might start after hearing the story of one Las Vegas woman. The woman just filed a lawsuit claiming that she found what “appeared to be a fingertip or toe tip” in a smoothie she made with bags of frozen fruit from Walmart. It’s like a Cracker Jack prize, but fleshier.
The Las Vegas Review-Journal reported on the lawsuit, which was filed in Nevada’s Clark County District Court on March 15. In the suit, one Mandy Palma accuses Walmart Inc. and the frozen fruit vendor (Oregon Potato Co., which operates as Rader Farms), of negligence. Palma claims that she visited a North Las Vegas Walmart late last spring and bought a bag of Great Value mixed fruit and a bag of Great Value strawberries. The next day, she whipped up a smoothie and drank it through a straw. But when she reached the bottom of the smoothie, Palma found a surprising extra protein source.
“Right after that, when rinsing or washing the cup containing the smoothie, Ms. Palma observed a piece of human flesh at the bottom of the container, which appeared to be a fingertip or toe tip,” her lawyer wrote. Now, the lawsuit alleges that Palma has suffered physical, mental, and emotional injuries. She’s seeking more than $15,000 and less than $75,000 in damages. “The defendants owed a duty to Ms. Palma to provide her with a product that was safe and in a reasonable condition and free from contamination, foreign substances, human flesh, etc.,” Palma’s lawyer wrote in the complaint.
A Walmart spokesman told the Las Vegas Review-Journal that they referred Palma’s lawyer to the frozen fruit supplier. “We take claims like this seriously and are committed to providing our customers with safe, high quality foods,” the spokesman said. The frozen fruit supplier declined to comment, which makes sense—they’re probably busy counting employees’ toes.