CHARLESTON -- A Putnam County man is suing McDonald's after he says he found a part of a fingernail in his iced mocha.
Jason Lycans filed a lawsuit May 8 in Kanawha Circuit Court against McDonald's Corp., Macatac V Inc. and F. Gavina and Sons.
Lycans says he lived in Kanawha County at the time of the incident.
He says he went to an unspecified McDonald's location on Aug. 28, 2008, and ordered an iced mocha.
While drinking the beverage, he claims he found a "foreign object," which allegedly turned out to be part of a fingernail.
Lycans, in his complaint, says he was so "sickened by the discovery" that he first reported it to the Kanawha-Charleston Health Department, and then to McDonald's.
Lycans claims he's still sick from "both the notion of ingesting a foreign substance" and "the stress of not knowing the full extent of potential damage caused by this substance."
He also claims he's lost the ability to enjoy an iced mocha.
The whole situation has caused him great mental anguish, pain and agony, he claims.
Lycans says he can't afford certain "medical testing required" after the alleged encounter with the fingernail. But he says he still wants to pursue this testing.
He's seeking unspecified general and special damages and reimbursement for legal costs.
Bree Whipp Ogle is representing the plaintiff. The case is before Kanawha Circuit Judge James Stucky.
Kanawha Circuit Court case number: 09-C-868