CHARLESTON - A Kanawha County man is suing Bob Evans Restaurants after he bit into a rock during his meal.
On Dec. 21, 2004, Peter Chambers said he was visiting the Bob Evans in Ripley with relatives and ordered "Pot Roast Hash." While eating it he "bit into a quarter-inch sized pebble concealed within chopped potatoes in the dish."
He spat it out and identified it to the manager, who then apologized and explained, "the pebble must have been concealed in the raw, uncut potatoes." The manager also said "this sometimes happens," but assured Chambers that no more potato-containing dishes in the restaurant would be sold, and stated that all potatoes in the restaurant would be returned to the potato supplier.
In a suit filed Dec. 21 in Kanawha Circuit Court, Chambers claimed he has experienced pain in the tooth since he bit into the rock.
He stated his dentist informed him he had a hairline crack "consistent with biting into a rock."
Repairs would include grinding down the tooth, installing pins and a crown. Chambers called the company about compensation for the tooth repairs, but the suit states his calls never were returned.
"He was finally directed to an insurance claims agent, who said he would investigate the manner, but told Chambers to call back later to find out the results of that investigation," the complaint states. "Each time, the agent said his investigation had revealed nothing and to call back later. When Chambers informed the agent that he was tired of being given the run-around, the agent told the plaintiff he could just go file a lawsuit."
The suit also states that Bob Evans has a duty to inspect its food and "not serve food to patrons containing rocks."
Chambers is seeking judgment for $5,000 to cover the medical expenses he has had to incur.
The case has been assigned to Circuit Judge Jennifer Bailey Walker.
Kanawha Circuit Court case number 06-C-2715