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A woman is suing JetBlue after she fractured a tooth on an ice cream sandwich in-flight
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A woman is suing JetBlue after she fractured a tooth on an ice cream sandwich in-flight

A passenger filed a lawsuit against JetBlue this week after he claimed he was served a “freezing solid” ice cream that fractured his tooth during a flight.

Passenger Kiara Quinonez claims JetBlue served her a Nightingale brand strawberry shortcake ice cream sandwich before she suffered the oral injury, according to documents obtained by PEOPLE.

Quinonez filed a federal complaint against JetBlue on Tuesday, Oct. 22, in New York Eastern District Court, alleging the airline served her “food at a temperature below reasonable or safe for consumption” and failed to “warn her (a ) of the dangerously cold temperature and the solid state of the ice cream sandwich he was served”.

Quinonez’s attorney and JetBlue did not immediately respond to PEOPLE’s request for comment on Sunday, Oct. 27.

JetBlue airplane (stock image).
Patrick T. Fallon/Bloomberg/Getty Images

The “chomp size” ice cream sandwich was given to Quinonez during Flight 1907 from New York’s John F. Kennedy International Airport to Paris’ Charles de Gaulle Airport on August 20, while she was traveling with her fiance.

She claims the dessert was “frozen solid” when it was served to her and caused her to “suffer serious bodily injury, including a fractured root of tooth number 10” – also known as the upper left lateral incisor.

The passenger claimed the dental injury required an emergency tooth extraction, a subsequent implant and additional care, as the suit alleges the airline’s “negligent acts” resulted in her “pain, suffering and mental anguish.”

“As a direct and proximate result of the acts of the defendant, its agents and/or servants as described above, the plaintiff suffered serious and permanent bodily injury, suffered pain, suffering and mental anguish and incurred expenses for medical care and treatment , all of which continues,” the complaint claims.

Quinonez is now seeking a judgment against the airline, “in an amount 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,” according to the complaint.

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The latest temperature-based lawsuit comes more than three months after another JetBlue passenger filed a lawsuit claiming she suffered severe burns after a “dangerously hot” cup of tea was spilled on her during a flight from Orlando to Hartford, Connecticut in May.

According to the lawsuit obtained by PEOPLE, a crew member allegedly “poured a dangerously hot cup of tea over” passenger Tahjana Lewis — with her injuries including her upper chest, breasts, legs, left buttock and right arm as well as “disfigurement and scarring”.

The incident also left her with “mental anguish, anxiety and post-traumatic stress,” according to the lawsuit.

A spokesperson for the airline did not respond to PEOPLE’s request for comment at the time.

In that lawsuit, Lewis sought more than $1.5 million in damages, saying some of her injuries would be “permanent in nature and/or permanently disabling.”