(CN) – An Alabama woman claims in court that she choked on a condom that was embedded in her French toast at an International House of Pancakes restaurant.
Demetria Hannah, a resident of Jefferson County, Ala., sued the Homewood, Ala. restaurant on Monday in Jefferson County Circuit Court, claiming negligence, wantonness and product liability.
The defendant in the case is KMG Enterprises Inc., a Kansas corporation doing business as IHOP restaurant No. 4418.
According to the March 27 complaint, the plaintiff went to the all-day breakfast restaurant on Feb. 19 to have dinner with her husband and two grandchildren.
She ordered French toast and sausage but unfortunately got more than she bargained for, she claims.
“While consuming her meal the Plaintiff felt something become lodged in her throat, which caused her to have difficulty breathing,” the complaint states. “As a result, she ran to the women’s bathroom along with her minor grandson. While in the women’s bathroom the Plaintiff attempted to dislodge the material in her throat by vomiting.”
After her initial attempts to dislodge the foreign object were unsuccessful, she claims she used her finger to retrieve it.
“The Plaintiff was able to pull out the material that had become lodged in her throat and she placed it onto the counter in the bathroom,” the plaintiff states. “Upon inspection of this material the Plaintiff and her minor grandson observed a condom amongst the chewed up food that Plaintiff had consumed.”
After dislodging the object, the plaintiff claims she sent her grandson to retrieve her husband, who also “observed the condom” and contacted the local police department.
According to the complaint, the plaintiff was treated by emergency medical personnel both at the restaurant and at a local hospital. She claims the restaurant breached its implied warranty of merchantability by selling her food that contained a condom.
“Defendant KMG Enterprises, Inc. and one or more of the fictitious party Defendants were in the business of selling prepared food items such as the French toast the Plaintiff ordered and which was served to her by Defendant’s employees,” the complaint states.
“This French toast sold to Plaintiff contained an unwrapped condom and as such was not fit for consumption.”
According to the complaint, the customer is seeking compensatory and punitive damages over the incident.
From the complaint: “Plaintiff has suffered injuries and damages including, but not limited to physical ailments; physical pain and suffering; severe mental anguish and medical expenses.”
The complaint also includes a claim of negligent supervision.
The plaintiff is represented in the case by Birmingham attorneys Sara Williams and Alexander Shunnarah.
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