Usher, there are maggots in my chocolate!

Q. My wife and I were out for a movie on Saturday night and we had major problem that occurred at the theater. During the movie, my wife ate some of her Butterfingers Bites and thought they tasted strange. She asked for me to go and get her a new box. When I got to the snack bar (back into the light), much to my horror, I saw that the box was full of maggots. When I approached the manager about it, he took the box, went into the back and returned with 8 free tickets for us. I told him that was ridiculous and had the security call an ambulance to take my wife to the emergency room to see if she needed her stomach pumped. When I asked for the box back (so I could make sure there was not something more dangerous in the box) he asked me "what box of chocolates?" After much screaming, he said he had thrown them away and had no way of locating them. You can imagine how upset I was getting. It took the insistence of the police and the EMT on the scene to eventually get the box back.

The manager emptied out the maggoty chocolate but could not shake all the bugs and nests out of the box. This was at a Loewes theater, not some little rinky dink place. My wife proceeded to have to spend about 2 hours in the emergency room and was given a medication similar to that given before a colonoscopy to clean her out. You can also imagine how pleasant her next 2 days were spent in our bathroom.

One of my biggest problems was the fact that I repeatedly told the manager at the theater that my complaint was not with them but Nestle and to just please help us and return our chocolates. He kept saying he didn't know where it was as my wife begged him through her tears for help. I have the box now, as well as pictures and videos of the maggots crawling out of it, I have the hospital record, and I am going to the police to get the official report from the night. Everyone who looked into the box was horrified, from the shift supervisor up to the head of the security company present.

Please let me know if I have a case here. I really feel someone has to be held responsible not only for the quality of the product but for the poor behavior of the manager on duty that night.


A. You want to know if you have a "case" here. Now, I'm sure you're a nice guy, but this whole things sounds like one of those potentially frivolous, get-rich-quick kind of claims that gives lawyers, and litigants, a bad name. (These are also the kind of claims that I detest, as is evidenced elsewhere in this blog.)

Don't get me wrong -- I'm sure your wife was shocked and disgusted to discover maggots in her chocolates. But let's be honest. After reaching into a box and hitting the first squirming Butterfinger Bite, any reasonable person would have at least stopped eating, and most folks would hold the box up to the light to examine it. Because of that, your histrionics about the box at the theater, and the trip to the ER appears (to be kind) excessive, at best. (And, by the way, there's an open question about what other "dangerous" things may have existed in the box that compelled you to insist on its return to you.)

In addition, with the prevalence of reality shows like Fear Factor and Survivor showing folks chowing down on everything from worms to duck embryos, you would be hard-pressed to convince any jury that there was any actual physical damage from an encounter with a couple of maggots. That, of course, is the key to any lawsuit. What are your damages? To succeed in a lawsuit, you have to have damages. The ER bill? Maybe, but that was probably covered by insurance (assuming the trip was necessary, which you'd also have to prove). The medication? Again, insurance. Some psychiatric claim? Well, is your wife receiving ongoing treatment? Medication since then? I mean, even if she's a bit squirmy about eating chocolate in the movies, I suspect she'll get over it, so I doubt there are any actual psychological or psychiatric damages.

I'll give you the benefit of the doubt here, and assume you've got some legitimate gripes. Stale, insect-riddled candy certainly stinks, especially at theater prices. But, they offered you at least 80 bucks in movie tickets on the spot, which ain't too bad, all things considered. Was the manager a jerk? Probably -- but he was probably concerned you were sue-happy, and didn't want to face a potential lawsuit (and it appears his fears will well-founded, no?)

You mentioned a claim against Nestle. Its defense will be that, once the candy is in the theater's hands, Nestle was no longer responsible. (And, once again, you have that sticky issue of proving actual damages.) If, for instance, the theater is bug-infested, how could Nestle be liable for that?

What can you do? First, suck it up and shake it off. In my opinion, your best bet is to write a nasty note to the theater and demand the free movie tickets, and a note to Nestle and request reimbursement for any out-of-pocket expenses you might have. You'll probably get the theater tickets. You might also get lucky and get some free chocolate from Nestle. I wouldn't expect much more.

Can you file a lawsuit? Sure. You can sue anyone for anything. The more important question, which is what you're really asking is: Can you win? The truth is, you might possibly get some nuisance money, but that's only a possibility. (If I'm defending this case, I make you prove your damages, but that's just me.) Me, personally, I'd write the letters, and move on.