http://story.news.yahoo.com/news?tmpl=story&cid=514&e=14&u=/ap/20050413/ap_on_re_us/wendy_s_fingerWoman Won't Sue Wendy's for Alleged Finger
2 hours, 15 minutes ago Top Stories - AP
SAN JOSE, Calif. - A woman who claimed she scooped up a human finger along with her chili at a Wendy's restaurant has decided not to sue the fast-food chain.
Anna Ayala dropped her claim because it "has caused her great emotional distress and continues to be difficult emotionally," said her attorney, Jeffrey Janoff.
Ayala, 39, claimed she found the 1 1/2-inch long fingertip on March 22 while dining at a Wendy's restaurant in San Jose. She later filed a claim with the franchise owner, Fresno-based JEM Management Corp., which her attorney had said was the first step before filing a lawsuit.
Phone calls to Ayala's house went unanswered Tuesday. Investigators searched her Las Vegas home last week as part of their investigation into how a finger ended up in the chili.
Wendy's spokesman Denny Lynch declined to comment on Ayala's decision to drop the lawsuit but said a reward hot line to receive tips will remain open. Wendy's has offered $50,000 to the first person who can provide verifiable information that identifies the origin of the finger.
"It's very important to us to find out what really happened at the restaurant," Lynch said. "We will continue to fully cooperate with the police investigation."
Wendy's maintains the finger did not enter the food chain in its ingredients. None of the employees at the San Jose store had lost any fingers, and no suppliers of Wendy's ingredients reported any hand or finger injuries, the company said.
The Santa Clara County coroner's office used a partial fingerprint to search for a match in an electronic database but came up empty. DNA testing is still being conducted on the finger.
Let's be honest here... previous stories spoke of the fact that this woman has a history of suing fast-food places, and there were also suspected reports that she might have supplied the finger herself for the sake of a good lawsuit.
And now that Wendy's doesn't immediately bend over backwards and give money, she comes up with this "great emotional distress" excuse in order to back out of it, so she doesn't have to admit wrongdoing.
Kudos to Wendy's for standing against the tide of frivolous lawsuits this round. :yes: