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Kentucky man says he found bone in soft taco at Lavalette Mexican restaurant

WEST VIRGINIA RECORD

Sunday, December 22, 2024

Kentucky man says he found bone in soft taco at Lavalette Mexican restaurant

State Court
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WAYNE – A lawsuit was filed against South Tenampa Mexican Restaurant over allegations a large bone was found in a soft taco and damaged a Kentucky man’s teeth.

Michael McDonald, an Ashland resident, filed the lawsuit against South Tenampa and Julie Marie Wise, the president of South Tenampa Mexican Restaurant Inc., alleging he was a patron at the restaurant on Dec. 6, 2017, when he and several friends ordered food, according to a complaint filed in Wayne Circuit Court.

McDonald went to the Lavalette Mexican restaurant with his friends for a meal when he was injured, according to the suit. The suit notes that Wise is a resident of Huntington.

McDonald claims he placed his order, which included a soft taco and when his food arrived and he bit into the taco, there was a large bone of some type in it. The suit doesn't note what type of bone it was.

The defendants' carelessly, recklessly, negligently, willfully, wantonly, maliciously and unlawfully allowed the large bone to be present in the soft taco, according to the suit.

McDonald claims as a result of the alleged negligent and unlawful actions of the defendants, he suffered injuries to his mouth and his teeth.

McDonald claims he will continue to suffer additional medical services and treatment and additional future expenses in an amount not ascertainable at this time.

The plaintiff alleges he suffered physical pain and suffering and incurred expenses for services at hospitals, physicians and traveling, according to the suit. McDonald also claims he suffered permanent injury to his body, pain and discomfort and annoyance and inconvenience.

McDonald claims the harm he has already suffered in an amount that is not ascertainable at this time.

McDonald is seeking compensatory damages with interest and other costs. He wants a trial by jury. He is represented by Kendal Partlow of Partlow Law Offices in Wayne.

Wayne Circuit Court case number 19-C-116

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