CHARLESTON - What a woman thought was cobbler crust on her spoon turned out to be a Band-Aid, according to a new lawsuit.
Filed May 12 in Kanawha Circuit Court, Pamela Adams' lawsuit contends that a bandage was stuck to the bottom of her spoon while she ate at Ryan's in Charleston.
She is represented by James Muldoon of Charleston law firm Payne and Muldoon. Two individuals are listed as defendants, though they currently are known only by their first names, Jeremy and Amanda.
Adams says she was eating dinner with her husband Feb. 18 when the incident occurred.
"Utilizing the spoon which had been wrapped in her napkin, Plaintiff took a bite of said cobbler," the complaint says. "While taking said bite of cobbler, Plaintiff felt an unusual texture on her tongue and lower lip but assumed it was the crust of the cobbler dessert.
"Plaintiff took another bite of said cobbler and again felt the same sensation on her tongue and lower lip.
"Unable to get the 'crust' off of her spoon, Plaintiff turned said spoon over and noticed a small circular 'band-aid' type bandage on the bottom of her spoon."
Adams says she reported the incident to her waitress, Amanda, who informed the manager, Jeremy. She says Jeremy filled out a report.
Adams says she became ill that night and sought medical treatment. She is seeking compensatory and punitive damages.
She charges the defendants with negligence, negligent infliction of emotional distress and tort of outrage.
Judge Paul Zakaib has been assigned the case.
Kanawha Circuit Court case number 06-C-902