Attorney Paul Newton Jr. is suing Popeyes Louisiana Chicken because the restaurant served him fried chicken without a plastic knife, causing him to choke and undergo emergency surgery.
Newton said he went to a Popeyes drive-thru on Pass Road on Nov. 1, 2015. He ordered two chicken breasts, red beans and rice, a biscuit and a soft drink. He took the food back to his office to eat.
Newton said he ate his red beans and rice with the only utensil provided — a combination spoon and fork more commonly called a spork.
“Because Newton’s order did not include a plastic knife,” the lawsuit says, “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.”
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He said he choked on a piece of the chicken, which lodged in his throat.
That evening, he underwent emergency surgery at Memorial Hospital at Gulfport to remove the chicken.
Newton alleges Popeyes breached its duty to provide customers with utensils that allow them to safely eat their food.
He asks that a judge order Popeyes’ franchises to provide customers appropriate utensils such as a plastic knife.
He also wants to be compensated for medical expenses, pain and suffering and any other damages shown at trial. He did not specify any amounts regarding damages.