Pottsville, PA. -- Peppers and onions belong in omelets, but glass does not, according to a Pottsville man who sued Friendly’s on Friday in Schuylkill County Court for allegedly serving him an omelet containing glass shards.
Charles H. Evans III, 936 Seneca St., suffered injuries to his neck, throat, tongue and gums as a result of trying to eat the Western omelet in March 2007 at the Friendly’s restaurant at Fairlane Village just outside Pottsville in East Norwegian Township.
“He thought he had an eggshell,” Joseph P. Nahas Jr., Frackville, Evans’ lawyer, said of his client. “He went to the bathroom and started coughing up glass.”
Evans and his wife, Maureen Evans, asked for monetary damages of more than $50,000, plus interest, costs, attorney’s fees and other unspecified damages from Revere Restaurant Group Inc., Allentown, the operator of Friendly’s.
The Evanses went to Friendly’s for breakfast about 10 a.m. March 20, 2007, and Charles Evans ordered an omelet, according to the lawsuit.
“When I started to eat it, it was very good. Next thing you know, I was coughing,” he said
He soon found the omelet anything but tasty, according to the lawsuit.
“Unbeknown to (Evans), the omelet contained shards of broken glass or glass like substance when it was delivered to their table,” the lawsuit reads in part. “(He) ingested the aforesaid omelet along with the shards of broken glass it contained, sustaining severe and permanent personal injuries.”
Charles Evans said the incident became the worst moment of his life.
“I started turning red, choking,” he said. “I was panicking. I felt something come up that was hard and lumpy. I noticed a little blood in my teeth and gums.”
Evans said he suffered lacerations in gums, tongue, upper roof of his mouth and the back of his throat. He also still has scars, Nahas said.
Friendly’s is liable because it did not maintain its premises safely and thereby allowed the glass to be in the omelet; it did not inspect the premises for such unsafe and hazardous conditions; it failed to ensure proper sanitary conditions; and it did not establish effective procedures for safe handling and storage of food, according to the lawsuit.
Serving an omelet with glass in it also violates the implied warranty that the omelet was safe and edible, the lawsuit reads in part
As a result of Friendly’s negligence and recklessness, Evans has incurred medical expenses, endured pain, suffering, embarrassment and humiliation, lost life’s pleasures and suffered wage loss, all of which Friendly’s is responsible for, according to the lawsuit.
No comments:
Post a Comment