CHARLESTON – A Kanawha County woman says she found a worm in her McDonald’s sweet tea.
Leslie K. Withrow filed her complaint September 15 in Kanawha Circuit Court against JW Ebert Corporation, a franchisee doing business as McDonald’s, and an unknown defendant.
According to the complaint, Withrow went through the drive through of the McDonald’s in Elkview on September 27, 2021, and ordered a sweet tea. While at work, she took a drink of the tea when “a worm came up through the straw.”
“At no time prior to this did plaintiff ever remove the lid from the sweet tea,” the complaint states. “She immediately began vomiting as soon as she saw it was a worm.”
As a result, Withrow says she has incurred severe and permanent injuries.
She accuses the defendants of negligence and breach of warranty. She seeks compensatory damages for past and future pain and suffering including emotional distress and mental anguish as well as for medical expenses, lost wages, annoyance, inconvenience and aggravation. She also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Withrow is being represented by Michael J. Del Guidice of Ciccarello Del Guidice & LaFon in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 23-C-825
