Where's the fudge, Judge?

It's not often that I post on the blog, I let Matthew handle the updates, but I had an experience this week that just required I share it with the world.  I was called on for jury duty!

I'm not like many other Americans that state they hate being called for jury duty.  I rather enjoy it.  I think there is a lot I can learn by being part of the process and there is also that chance I might get selected for a really cool case.  =)  I was really crossing my fingers and hoping for an arson case.  Unfortunately that was not to be.

I was selected for a jury, but this case involved an assault case that hinged on the frustration of not having a McDonald's sundae being made to the defendant's satisfaction.  Yes folks!  This was about a hot fudge sundae on the dollar menu at McD's!

Essentially the defendant ordered a hot fudge sundae and he stated the hot fudge was on the bottom, not the top like he would have liked.  He caused a ruckus and an assistant manager came out to assess the situation.  The employee told the customer he would need another dime to add hot fudge to the top.  The customer determined that this was not acceptable and grabbed the arm of the employee.  The customer was then given a refund and told to leave the store.  The manager then went to a different door to make sure the customer was leaving and upon opening the door was punched in the face by the customer.

This was all caught on tape and we in the jury were able to see photographs showing frame by frame what happened.  I honestly don't know how this case made it past the grand jury and to trial, as it was pretty cut and dry.  After talking to many people though, I have come to understand that these hot fudge sundaes are tasty treats and if there was an absence of hot fudge a punch to the face might be warranted.

I do need to mention that one of the more comical parts of this experience occurred in deliberation as several other jury members discussed the problem with McDonald's menu and what McDonalds classifies as a sundae.  I was educated that if you order a sundae from McDonald's you will be handed a container of soft-serve vanilla ice cream.  This in the minds of my peers on the jury does not constitute a sundae at all, but is simply a dish of ice cream.  Only if you specify that you want a hot fudge sundae will you actually be given a topping on your ice cream.  According to several of the jurors on the panel, this is ridiculous, because a sundae by definition has a topping on it!

I've decided to check.  Guess what?  My fellow jurors were correct!  Here is the definition of sundae according to dictionary.com:

sun·dae

[suhn-dey, -dee] noun

ice cream served with syrup poured over it, and often other toppings, as whipped cream, chopped nuts, or fruit.

My brother Chris let me know that we could really have made a statement to the world by not only finding the defendant guilty, but also finding McDonalds guilty of misleading the public.  I think he was on to something. =)  He also gave me the idea for the title of the blog post.  He asked if the defending attorney ever asked, "Where's the fudge, Judge?" and to my supreme disappointment, she did not.  When I tell this story in the future, I'm definitely going to pretend like she did though. =)

If you'd like to read more about this fascinating little case and learn more about our judicial system at work, I suggest you follow the below link for your enjoyment:

http://www.knoxnews.com/news/2012/aug/21/hot-fudge-sundae-dispute-leads-to-legal-hot/

I've also been met with incredulous stares and statements when I tell people that I've never actually had a hot fudge sundae from McDonalds.  I decided to rectify this void in my life and enjoyed a hot fudge sundae a few days after.

Mmm!  I've been missing out!  I'm happy to say I did not have an experience that resulted in an assault charge.  My sundae was created beautifully and tasted amazing! =)