You have to prove that the foreign substance (bone) was not reasonably anticipated to be in the food product. Remember, steak may have a bone in it. Do you still have the bone? This is important as well. Has the employees at the PaPa Ginos put on notice immediately at the time you ate the sandwich? Lots of questions remaining.
Feel free to call me to discuss.
John Tramontozzi, Esq.
Martino & Tramontozzi, LLC
616 Main Street
Melrose, MA 02176
781-662-0900
Answered on Sep 26th, 2012 at 9:11 AM