WARSAW — Almost everyone has heard a fast food horror story, but a local man got a taste of his own story when he found a little something extra in his baconator. A man bit into a 1/2 inch screw as he was eating his sandwich. The man has since filed a civil lawsuit against Better Food Systems, Inc. (Wendy’s).
According to the complaint filed with Kosciusko County Superior Court, James Fleming visited the Wendy’s located in the Lakes Village Shopping Center, Warsaw on Aug. 2, 2016. He purchased a Baconator Junior Hamburger Combo.
Fleming was half way through the burger, when he took a bite and hear a loud, unusual crunching noise. He immediately felt a sharp pain in his rear molar. Because of the pain, he spit the burger from his mouth and discovered a 1/2 inch rusted, sheet metal screw.
Fleming then saw a social media post a month later from a local man, Nick Newton. Newton’s post stated that he had gone through the drive-thru at the same Warsaw Wendy’s and ordered a spicy chicken sandwich. When he got home, he discovered a latex glove had been wrapped in the sandwich.
Both men had similar experiences when they returned to the restaurant with the unsafe food. The managers seemed to shrug off the discoveries and did nothing to ensure the happiness or safety of the customers. Fleming’s lawyer, Kevin Podlaski, referred to lack of response as a “nonchalance of management.”
It was this attitude and lack of action that led Fleming to file a civil lawsuit in January.
The complaint states that as a result of the injury, Fleming sustained physical injuries, suffered physical pain and continues to suffer from mental anguish. As a result of the incident, he also incurred medical and dental expenses and could have more expenses in the future.
The lawsuit argues that Better Food Systems, Inc. (Wendy’s) is guilty of three counts, negligence, negligence with vicarious liability and a breach of implied warranty of merchantability.
The civil suit has just begun. Better Food Systems, Inc. (Wendy’s) has until March 13 to answer to the complaint. At this time, the case will move towards discovery and identifying witnesses. The whole process could take a year before the case is either resolved in mediation or a jury trial will begin.
“Definitely check your hamburgers before you eat from that store,” concluded Podlaski.