Man sues after he ate a Whopper, broke his tooth

WINFIELD -- A man who bit into a Whopper and broke his tooth is suing Allied Food.

On Dec. 14, 2008, Gilbert David Hobba purchased a Whopper from the defendant, which does business as Burger King, according to a complaint filed May 19 in Putnam Circuit Court.

Hobba claims when he bit into the burger, he bit into a hard object that broke his back tooth.

The plaintiff incurred medical bills for tooth repair, root canal and a cap for his tooth, as well as lost wages for numerous dental appointments, according to the suit.

Hobba claims the defendant was negligent when it provided a food product that resulted in him chipping his tooth. He claims Allied Food also breached its implied warranty by serving a hamburger that contained a hard object.

Hobba is seeking compensatory damages. He is being represented by Paul Stroebel.

Putnam Circuit Court case number: 10-C-180