In a recent Michigan Civil Court case, Thomas Howie sued Olive Garden for his eating experience. The lawsuit claims he accidentally ate a rat foot in his minestrone soup.
The action alleges Olive Garden failed "to maintain premises free of vermin and the negligent preparation and service of food." Plaintiff wants $25,000 for physical pain, mental anguish, and emotional distress.
Olive Garden denied the claims through a Darden representative despite the lawsuit proceeding. The restaurant brand stated, "We have no reason to believe there is any validity to this claim.
A Food Service Establishment Inspection Report and disputing the uncooked nature and size of the purported foreign object refute the plaintiff's assertions.
The plaintiff's attorney, Daniel Gwinn, told The Detroit News that the defendant refused to address the situation and that his client still suffers from the upsetting dining experience.
Class action lawsuits over mislabeled items and false menu graphics are widespread, but few people like to imagine a foreign element on a diner's plate.
Each state's rules vary, but the civil claim is easy. Is that item, object, or ingredient unexpected in that dish or meal?
From glass in macaroni and cheese to hair on a fried egg, the possibilities are endless. It can happen at a fast-food or fine-dining restaurant.
Plaintiffs might increase their claim and damages by filing in court. With greater investigation, the evidence must indicate negligence.
If the plaintiff can prove it, they may get medical bills, general damages, and punitive damages.