Jury Awards $14.1 Million In Brevard Ice Cream Contamination Case
Brevard County, FL – A Brevard County jury has awarded $14,147,525.39 to a plaintiff who was seriously injured after eating contaminated ice cream from a Malabar franchise, closing out a trial that stretched just over two weeks.
The case centered on an incident where the ice cream contained foreign objects—specifically two nails and several small metal fragments. After consuming the product, the plaintiff was taken in for emergency treatment. Doctors later removed one of the nails along with multiple pieces of metal during surgery.
But the medical issues didn’t stop there.
Following the procedure, the plaintiff developed complications that, according to testimony in the case, included portal vein thrombosis and significant internal bleeding. At that point, another procedure became necessary. An ablation was performed, which ultimately resulted in permanent infertility.
The jury ultimately assigned responsibility to more than just the local business.
Jurors also found the national franchisor liable under an agency theory, extending accountability beyond the individual location involved in the incident.
The case was handled by Alpizar Law, with Scott Alpizar leading the trial and John Alpizar assisting. Much of the case focused on the medical timeline and the longer-term impact on the plaintiff’s health.
“We are grateful that this jury of six fulfilled their civic duty and listened carefully to all of the evidence,” said John Alpizar. “This verdict reflects the seriousness of the harm our client endured and ensures accountability at all levels,” Alpizar added.
Scott Alpizar said the outcome points to a larger issue around consumer expectations.
“This case highlights the critical importance of food safety and the responsibility that both local operators and national brands have to protect consumers. We are proud to have secured a result that brings justice and accountability for our client.”
Verdict Amount: $14,147,525.39
Trial Length: Approximately 2.5 weeks
Jurisdiction: Brevard County, Florida
For more information, please contact Alpizar Law.
Contact Information
1528 Palm Bay Rd NE
Palm Bay, FL 32905
(321) 676-2511
Scott@alpizarlaw.com