JetBlue Airways is facing a lawsuit from passenger Kiara Quinonez, who allegedly sustained an airline passenger injury after being served a Nightingale brand strawberry shortcake ice cream sandwich during a flight from New York to Paris.
Quinonez said that the dessert was served "frozen solid" without warning of its texture. Upon biting into it, she fractured a tooth which led to the dental injury lawsuit following a tooth implant upon her return to the U.S.
Quinonez filed a federal complaint against JetBlue on Tuesday, Oct. 22 in New York Eastern District Court, as she alleged that the airline served her "food at a temperature below what is reasonable or safe for consumption" and did not "warn [her] of the dangerously cold temperature and solid state of the ice cream sandwich she was served.”
Quinonez’s legal team contends that JetBlue was negligent for not ensuring the dessert was at a safe temperature for consumption and for failing to inform passengers before consumption.
Hence, she is seeking compensation for the pain, mental distress, and medical expenses resulting from the incident.
In the words of her legal team, the “Plaintiff sustained severe and permanent bodily injuries, suffered pain, suffering and mental anguish, and incurred expenses for medical care and treatment, all of which are continuing.”
How Serious Was The Frozen Ice Cream Incident?
The "chomp size" ice cream sandwich was provided to Quinonez while on flight 1907 from John F. Kennedy International Airport in New York City to Charles de Gaulle Airport in Paris on Aug. 20, while traveling with her fiancé.
She claims the dessert was "frozen solid" when served to her and led her to "sustain severe bodily injuries, including a root fracture of tooth number 10" — also known as the upper left lateral incisor.
Quinonez is now demanding a judgment against the airline, "in a sum to be determined by a jury at the trial of this action," as well as interest and other "relief" that the court "may deem just and proper," per the complaint.
Similar Cases
The latest lawsuit is the first of many in recent times. In June, a lawsuit was filed after a crew member allegedly “caused a dangerously hot cup of tea to spill onto" passenger Tahjana Lewis — with her injuries including upper chest, breasts, legs, left buttocks and right arm, as well as “disfigurement and scarring.”
Another passenger filed suit in August after fracturing her ankle in a seatbelt incident while traveling to the Bahamas. September saw litigation over an alleged concussion caused by a hard landing.
A Michigan woman also filed a lawsuit against American Airlines claiming she suffered severe first and second-degree burns across her legs, thighs, and genital area from a coffee spill incident.
The Bottom Line
JetBlue and Nightingale Ice Cream have yet to publicly comment on the lawsuit, which raises questions about airline responsibility in ensuring the safety of on-board food offerings. The outcome of this case may influence future guidelines on serving food on flights, particularly frozen items, to prevent similar incidents.