Waiter, There's a Used Condom in My French Onion Soup
|Not the actual soup or condom at the center of the lawsuit but an amazing photo illustration.|
Do crackers come with that?
Attorney Eric V. Traut and his Santa Ana-based Traut Firm faxed the suit on behalf of their clients, Philip and Sherry Hodousek.
On Easter Sunday, April 12, 2009 at 11:40 a.m. plaintiff Zdenek Philip Hodousek (HEREINAFTER referred to as "PHILIP"), his wife, Sherry Hodousek, his 18-year-old daughter Rachel, and Sherry's parents arrived at the subject Claim Jumper to enjoy a brunch. The family had been to this particular Claim Jumper on numerous prior occasions. They ordered drinks, appetizers, and main courses from the server. In particular, Philip ordered French onion soup (his favorite), among other items.
At approximately 12:15 p.m., a male server delivered Philip's soup to the table. He immediately began eating the cheese which spread across the top portion of the bowl. As he ate the soup, the family was engaged in conversation. Suddenly, he felt what he believed was tough cheese on one side of his mouth. When he could not chew it into pieces, Philip commented to his family that it felt like rubber. He then spit it out, spooned it onto a napkin, at which time his wife said, "Oh my God, it's a condom."
The suit goes on to say a manager came over and explained the object was probably the finger of a kitchen worker's rubber glove. But spreading it out on the table for everyone to see, the manager was allegedly horrified to discover that it was indeed a condom--a used one at that.
Philip Hodousek then went on a barfing binge all the way home from the restaurant at Santa Margarita and Marguerite parkways.
The Hodouseks had the condom examined at a North Carolina lab, which reported back that female DNA was found on it, according to the suit.
It further contends that the family agreed to undergo DNA testing along with female members of the Claim Jumper staff by a nurse hired by the restaurant. However, the nurse would not conduct the tests as agreed at a local hotel because the restaurant did not provide an outside observer, say the court documents. Frustrated that nothing was being done, the family filed suit.
Gladstone International, a public relations firm that represents the Irvine-based Claim Jumper chain, released a statement today that says no evidence has been found to support the Hodouseks' claim, the Orange County Register reported.
This brings to mind the lawsuit that was settled in 2004 between McCormick and Schmick's Seafood and Laila Sultan, a Stanton woman who along with three fellow diners alleged she bit into a wrapped condom while eating her clam chowder at the Irvine eatery.
Do oyster crackers come with that?