WHITLEY COUNTY, Ky. (WYMT) - According to a lawsuit filed in Whitley County Circuit Court, a man is suing Lavco Food Services, Inc. after he choked on a bread tie.
Lavco Food Services, Inc. is based out of Knox County and owns an Arby’s in Corbin, where the incident allegedly happened.
The lawsuit claims Dennis Smith of Corbin drove through the Arby’s drive-thru to order some “sliders” on Aug. 5.
Smith began to eat his food when all of a sudden he started choking and experienced “a sharp cutting feeling in his throat.”
He says he was not able to breathe and pulled off the side of the road. He was able to eventually get the bread tie out of his throat. Smith then went to Baptist Health Corbin due to ongoing irritation and choking-like symptoms.
The lawsuit reads that “he [Smith] was treated at the emergency room, as an outpatient, with viscous lidocaine and Maalox for what was diagnosed as esophageal irritation and superficial scratches.”
Following his release from the hospital, Smith went back to the Arby’s and reported it to the manager on duty.
He is seeking damages for the company’s negligence. The lawsuit also reads that he is looking for the company to cover his medical expenses, attorney fees and court costs as well as punitive damages.