MADISON – A Boone County couple is suing over claims their minor daughter ate ice cream that contained metal shavings.
Chester and Megan Mitchell, individually and as parents and next friend of Kalee Mitchell, a minor, filed a lawsuit Oct. 17 in Boone Circuit Court against McDonald's Restaurants of West Virginia Inc., and McDonald's Corporation, citing negligence.
According to the complaint, Megan Mitchell and her minor daughter, Kalee, were customers of the McDonald's in South Charleston on Oct. 24, 2012, when Kalee was served and ingested ice cream that contained metal shavings, which caused serious and permanent injuries.
The complaint states the ice cream machine had malfunctioned, resulting in metal shavings in the ice cream mixture, and the defendants are accused of negligence in failing to maintain the machine.
The Mitchells seek damages, costs, attorney fees, and interest.
They are represented by attorneys Harry M. Hatfield and Matthew M. Hatfield of Hatfield & Hatfield in Madison.
Boone Circuit Court case number: 14-C-192