WINFIELD – A South Charleston man says he was injured when he bit into a Wendy’s chicken nugget that had a remnant of a bone inside it.
Clarence and Deborah Easley filed the complaint in Putnam Circuit Court against Schmidt Family Restaurant Group doing business as Wendschmidt WV Inc.
In the complaint, Easley says he visited the Wendy’s in Nitro on Dec. 12, 2017, and ordered chicken nuggets. While parked outside in the parking lot, he began eating the nuggets when he felt something foreign in his mouth, followed by a severe stabbing pain in the roof of his mouth.
“The plaintiff then discovered a large and sharp bone that had been negligently left in this chicken nugget by the defendant, it’s agents, employees or servants,” the complaint states.
Easley says he sustained great physical pain and mental suffering and continues to do so. He also says he has incurred medical bills and will have more in the future. In addition, he says he sustained severe and permanent injuries related to his latex allergies.
He blames his injuries on the defendant’s negligence and carelessness. His wife says she has sustained “great and irreparable loss in that she will be deprived for the remainder of her life of the society, companionship, consortium and services of her husband.”
The Easleys seek compensation for injuries, attorney fees, court costs, pre- and post-judgment interest and other relief.
They are being represented by Travis E. Ellison III of the Law Office of John R. Mitchell Jr. in Charleston. The case has been assigned to Circuit Judge Joseph Reeder.
Putnam Circuit Court case number 19-C-87