Ex-Cop Sues Bumble Bee Tuna for $100K After Choking on Bone

A retired NYPD lieutenant is suing Bumble Tuna and Costco after choking on a bone that turned up in his tuna fish sandwich two years ago. In May 2007, Bob McKenna was eating lunch at home on Staten Island when an inch-and-a-quarter-long curved fishbone that was mixed into the tuna got lodged in his throat. He tells the Daily News, "I was choking on that bone for more than a minute. It felt like forever." After "nearly blacking out," McKenna managed to cough it up, but that was only the beginning of what court papers describe as "permanent and emotional pain and suffering."

"I can't even be near tuna now. Like a fish fillet sandwich? Forget it," McKenna says, and tells the Staten Island Advance, "I loved tuna." But the memories of that horrible day resurface at the mere thought of solid white albacore, which he argues is hurting his business as a private investigator, because he can't attend any client meetings where fish is served. McKenna says he even had to cower in a corner of a boat during a fishing trip with potential clients when they callously carved a freshly caught fish into sashimi. And night after night, Charlie the Tuna, Big Tuna from The Office, and members of '70s blues-rock band Hot Tuna haunt his dreams.

After an electron microscope proved that the object in McKenna's sandwich was a fishbone, Bumble Bee mailed him a letter of apology and coupons good for two cans of tuna. But that felt like a slap in the face to McKenna, so he angrily shredded them. He's now filing his $100,000 lawsuit against Bumble Bee and Costco (where the tuna was purchased) without legal representation, because a lawyer he consulted wouldn't take the case.

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By John Del Signore in Food on June 2, 2009 11:24 AM

Comments [rss]

DollinNYC

"He who represents himself has a fool for a client."

Potty Boy

I would award him $200 for the minute of gagging.

NannyState

The label says "Bumblebee" so already, you wonder what's in there.

just saying

"I can't even be near tuna now," he [McKenna] said.

I'm calling BS on this one. The above Daily News link has a photo of McKenna with tuna fish cans stacked right in front of him. What a moron!

jen480

Why didn't anybody do the Heimlich maneuver on him?

Spirit of 76

Probably because he was alone. Although it is possible to Heimlich yourself on a chair.

jaycjay

"it is possible to Heimlich yourself on a chair."

So that's what the kids are calling it these days?

Son of Spam

Apparently they were afraid to get sued.

Manitoba

I used to know a kid who had the Heimlich done on him while choking by a friend, and he sued the friend and their family for having to go to the hospital for internal bleeding.

Needless to say, he was labeled as an ungrateful mega-douche for the next 3 years and had no friends. Anytime he coughed, everyone would run away in dramatic fashion.

By the way, he and his famliy lost the court case or course, bu the other family spent ~10K on legal fees, deciding not to hassle with a countersuit. People suck.

slappy

Bumble Bee. One of the incredible shrinking products. Less and less in the can over the last two years.

KiljoyWasHere

hey do you remember the 1.5l coke and pepsi? hilarious.

ANGRYGOD11

If during the trial, the defense tosses a can of tuna on the floor and Douchebag doesn't run away screaming, then the defense will win. That's the precedence of Brady Family vs Another Douchebag.

Son of Spam

Could there be any better example for the argument of enacting a law stating that the loser of a case must pay the winner's court-related costs?

Wonder how fast fish boy would pull his lawsuit if he knew that were the case.

Manitoba

My thoughts exactly.

Tort reform!

Nyctini11

Hmmm, what's that smell, Oh yes that's the distinct smell of a Douche Bag.

Spirit of 76

If a lawyer won't take your case, it's a clear sign that you shouldn't go ahead with it. Although the two can coupon that the company sent is indeed an insult. And he's being ridiculous when he claims he can't eat tuna anymore. Just buy chunk light instead of solid white then mash it up before eating and you'll find any sizable bones.

jaycjay

"Although the two can coupon that the company sent is indeed an insult."

Seems pretty reasonable to me. He wasn't hospitalized, didn't even seek any medical treatment. No physical harm at all, even if you do believe his other unbelievable claims.

Obviously the blame should be on his wife anyway. How could she make a tuna sandwich and not notice a bone that big. Seems like she probably wanted to kill him. Probably tired of his whining.

Stewart

Why didn't he sue the jackass that prepared the tuna sandwich for him? Or did she already leave his whiny ass for a real man?

resa

I'm shocked that no lawyer would take the case. Shocked I tell you!!!!

nicemarmot

So if he was still a cop, a perp could just shake a fish at him and make an escape?

Jack D. Ripper

Freeze! Drop the that sushi before I shoot!

Will

This guy is a true American hero. The reason no lawyer would take the case is because they don't have the cajones to take on Big Tuna. God bless you Bob McKenna in you battle against bum, bum bumble bee, bumble bee tuna. I hate bumble bee, bumble bee tuna.

Mr Mel

Who do you hate more the tuna or the bumblebees?

hotstepper

i guess the qualifications of a "true american hero" have been loosened of late.

hotstepper

he should sue himself for not being man enough to chew through a wimpy fish bone.

r1b2

a lawyer he consulted wouldn't take the case

Hint, hint. Move on, whiner.

r1b2

a lawyer he consulted wouldn't take the case

Hint, hint. Move on, whiner.

EastRiver

Probably because 1/3 of $100,000 isn't worth the effort, not because of the merits of the case (or lack thereof).

NannyState

He can't eat tuna or any fish again because he doesn't have enough money for his retirement.

Thespis

Well, it's at least encouraging that he couldn't get a lawyer to take his case. I guess there are depths to which even the plaintiffs' bar will not sink.

PTG in nyc

So because this guy is a big pussy he thinks he has the right to sue?

What are the chances that this guy wasn't an incredibly power-hungry and abusive cop, being that he's scared of everything and doesn't know what it's like to be on the receiving end of 60 seconds of pain?

marcasm

He has to represent himself ? All the defense has to do is bring in a can of tuna and he will end up cowering in the corner.

flynn110

the american way.

Brooklynbobby

What an asshole!!! Wait till the jury hears this one.

Steven

What is Costco suppose to do? Open every can of tuna and check them and then try to sell open cans of tuns!?

Another lawsuit borough on to try and make some easy money. Why did it take him 2 years to file the lawsuit anyway???

GoToHell

This is fucking stupid. This guy is out to try to make quick money, as evidenced by suing Costco. What, pray tell, does Costco have to do with what was inside the can of Bumble Bee tuna??? NOTHING.