CHARLESTON - For the second time in less than a month, McDonald's is being sued by a West Virginia resident because of a problem with food.

Arden Carte, and his wife, Donna Carte, filed a suit Aug. 2 in Kanawha Circuit Court against the fast-food chain after he bit into his biscuit and found a bandage.

According to the suit, Arden Carte went to the Elkview McDonald's on Aug. 5, 2005, and ordered a biscuit.

"(Carte) began eating the biscuit he purchased when he felt something foreign in his mouth," the suit says.

He discovered it was a bandage that "had been negligently inserted" into his biscuit. Carte claims he suffered a severe allergic reaction due to the latex in the bandage and went into anaphylactic shock.

Carte is not the first state resident to sue McDonald's for negligence this summer.

Jeromy Jackson filed a $10 million suit July 18 in Monongalia Circuit Court against the restaurant, claiming he is allergic to cheese and repeatedly asked for no cheese on his sandwich. Still, Jackson claims his burgers had cheese on them and that it caused him to have a severe reaction.

In the Kanawha County suit, Carte claims McDonald's was negligent by failing to keep all foreign objects out of the food.

According to the lawsuit, Carte suffered great physical pain and mental suffering, permanent injuries, medical bills and was otherwise injured. Donna Carte claims she suffered a loss of society, companionship, consortium and services of her husband.

Arden and Donna Carte seek compensatory damages for their injuries, court costs, interest and other relief the court deems necessary.

Attorney Travis E. Ellison III is representing the Cartes. The case has been assigned to Judge Tod Kaufman.

Kanawha Circuit Court case number 07-C-1608

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