HUNTINGTON - A Barboursville couple is alleging they found a used diabetic blood test strip in their food at the Barboursville Applebee's.
Gene and Mary Joan Gue filed the lawsuit April 21 in Cabell Circuit Court against Neighborhood Restaurants, Inc., and Neighborhood Hospitality, Inc., both during business as Applebee's.
"The defendants… owed a duty to the public to not serve food which was tainted, unwholesome, unfit for human consumption, contaminated with foreign objects and/or which would or could cause the individual or individuals who consumed such food to become ill," the complaint says.
It adds that on Oct. 18, 2004, Gene Gue bit into a used diabetic blood testing strip which was in the food he purchased.
"The conduct of the defendants… was extreme and outrageous," the complaint says.
Gene Gue says he has endured severe emotional distress, anxiety and painful medical tests.
The lawsuit requests a Preliminary Injunction to keep Applebee's from destroying the blood test strip in question.
Judge David M. Pancake has been assigned the case.
Cabell Circuit Court case number: 06-C-286