re: Popeyes in legal trouble

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only option for consumption of the chicken breasts was to hold a chicken breast in his hands and to tear off pieces thereof with his teeth

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So this dude alleged that he needed a knife to cut the chicken breast while he was eating in his car. This case will settle for less than a side of mashed potatoes.

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Who in the frick would use a knife on fried chicken? What a dumbass

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Popeye's response to his complaint: Go Spork Yourself

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two chicken breasts

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FACTS

9. All matters pertinent to the facts set forth herein occurred on November 1, 2015.

10. On November 1, 2015, plaintiff Newton was a drive-through customer at a Popeyes Louisiana Kitchen franchise located at 2420 Pass Road, Gulfport, MS, which franchise on information and belief is owned and operated by defendants Metro Foods, Winchester, and Salvaggio.

11. In the drive-through line, plaintiff Newton ordered, received and paid for two chicken breasts, and order of red beans and rice, a biscuit, and a soft drink. Newton's order was delivered to him in a bag which included the napkins, salt and pepper, and the utensil deemed necessary for consumption of his order.

12. Plaintiff Newton drove directly to his business office at 625 16th Street, Suite B, Gulfport, MS 39507, and began to consume his meal. The sole utensil accompanying the order was a plastic "spork," which is a combination fork and spoon, which Newton used to consume the red beans and rice.

13. Because Newton's order did not include a plastic knife, plaintiff Newton's only option for consumption of the chicken breasts was to hold a chicken breast in his hands and to tear off pieces thereof with his teeth.

14. During his consumption of his meal, plaintiff Newton became choked on a portion of chicken which lodged in his throat and other neck areas, and was unable to swallow the bite, or to spit or cough the bite out.

15. On the evening of November 1, 2015, plaintiff Newton underwent emergency surgery at Memorial Hospital at Gulfport, in Gulfport, MS to remove the said portion of chicken.

CAUSE OF ACTION

16. Defendants Metro Foods of Gulfport South, Inc., James E. Winchester, Rodney Salvaggio, and Popeyes Pass Road Gulfport owed a duty to plaintiff Newton, and owes a duty to all its customers, to provide the appropriate utensil or utensils for safe consumption of the purchased food orders.

17. Defendants Metro Foods of Gulfport South, Inc., James E. Winchester, Rodney Salvaggio, and Popeyes Pass Road Gulfport breached such duty by failure to provide the appropriate utensil or utensils such as a plastic knife to enable plaintiff Newton to cut the chicken breast into appropriate portions.

18. Plaintiff Newton subsequently determined by placing another order at the same Popeyes Louisiana Kitchen franchise located at 2420 Pass Road, Gulfport, MS for a chicken breast and red beans that the said franchise routinely provides only a spork and does not include a knife to enable a customer to cut the chicken breast into appropriate portions.

19. Plaintiff Newton reasonably believes that defendant Popeyes Louisiana Kitchen, Inc. advises its franchisees to include only a spork in conjunction with orders of chicken breasts.

20. The failure of these defendants to provide the appropriate utensil for safe consumption of purchased food orders proximately caused the medical emergency occurring on November 1, 2015, and the injuries suffered by plaintiff Newton.

21. The failure of these defendants to provide the appropriate utensil for safe consumption of purchased food orders has caused monetary damages due to medical expenses to plaintiff Newton.

22. The injuries suffered by plaintiff Newton include, but are not limited to, the following:

a. Medical expenses;

b. Pain and suffering, and any other nonpecuniary damages; and

c. Any and all such other damages as maybe shown at the trial of this matter, including but not limited to punitive damages.

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