CHARLESTON – A Kanawha County woman says she had a surprise in her McDonald’s order, but it wasn’t a toy in a Happy Meal.
Amanda Holstein says she found a live mouse in her Mocha Frappe she ordered at the McDonald’s in Sissonville. The owner of the restaurant denies the claim.
Holstein filed her complaint March 11 in Kanawha Circuit Court against McDonald’s USA, McDonald’s of Sissonville, Greg Mills, Teresa Mills and John Doe.
According to the complaint, Holstein visited the drive-thru of the McDonald’s on Sissonville Road on April 7, 2020. She ordered two McDoubles, one Filet-O-Fish and a medium Mocha Frappe, which had a lid on it.
While driving to pick up her friend, Holstein says she ate the Filet-O-Fish and was drinking the frappe through a straw in the lid. When she arrived home, she put her groceries away and placed the frappe on the living room table.
“After she had put the groceries away, she came back into the room and saw the straw in the frappe move,” the complaint states. “At no time prior to this did plaintiff ever remove the lid from the frappe.
“She then uncovered the lid and saw a mouse in the cup. She immediately ran outdoors and began vomiting.”
Holstein says the incident has caused severe and permanent injuries.
The owner/operator of the McDonald's location disputed the allegations.
"Serving safe, high quality food and beverages is my top priority," Greg Mills said in a statement provided by McDonald's to The West Virginia Record. "We investigated this claim in 2020, when it was first brought to our attention, and did not find any validity.
"Additionally, the health department conducted a review of the restaurant at the time and did not identify any issues in need of correction.”
Holstein accuses the defendants of negligence and breach of warranty. She seeks compensatory damages for pain and suffering, emotional distress, mental anguish, medical expenses, lost wages, annoyance, inconvenience and aggravation. She also seeks punitive damages, pre- and post-judgment interest, court costs, attorney fees and other relief.
She is being represented by Michael J. Del Guidice of Ciccarello Del Guidice and LaFon in Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 22-C-188