Man sues Claim Jumper, claiming condom was in his soup

[question everything]

(snip)


According to the lawsuit filed Tuesday, Zdenek Philip Hodousek, 50, was eating at a Mission Viejo Claim Jumper at Santa Margarita and Marguerite parkways with his family April 12, Easter Sunday. A server brought Hodousek's soup, which he began to eat. "Suddenly he felt what he believed was tough cheese on one side of his mouth," the suit reads. "When he could not chew it into pieces, (Hodousek) commented to his family that it felt like rubber. He spit it out, spooned it onto a napkin, at which time his wife said 'Oh my God, it's a condom.''" The suit reads that the condom had a knot it in, which was later untied by the restaurant's general manager, Marc Hadley, because he thought it might be a rubber glove. After the knot was untied, it was apparent that the item was a condom.

The suit said that Hodousek vomited once in the restaurant's restroom and once in the restaurant's parking lot because of the incident and has since "had many sleepless nights and anxious days, concerned about what disease(s) he may have contracted." The restaurant didn't bill the family for the meal, and Hodousek took the condom with him to have it tested. According to the suit, preliminary tests by Lab Corp. in North Carolina found female DNA on the condom.

(snip)

Claim Jumper statement, July 22, 2009

(snip)

In an effort to complete our investigation, we contacted Mr. Hodousek and his attorney numerous times over the next six weeks to request that the object be sent to an independent laboratory for testing. Seven weeks later, on June 1, 2009, the object was finally forwarded to an independent lab. Because Mr. Hodousek took the object with him on April 12, we could not establish that this was the same object the lab received.

n addition, Mr. Hodousek asked us to conduct DNA testing of female employees at the restaurant to determine if there could be a match to any DNA that might be found on the object. While we are mindful of our employees’ privacy rights, we asked our female employees to voluntarily comply with Mr. Hodousek’s request and they have done so. To ensure a thorough assessment, we asked Mr. Hodousek to take a DNA test. Mr. Hodousek failed to appear for his appointment on July 20, 2009. Mr. Hodousek’s attorney filed the lawsuit against us on July 21. We thoroughly investigated Mr. Hodousek’s claim. We do not believe Mr. Hodousek’s lawsuit has any merit and will fight this allegation.

http://www.ocregister.com/articles/hodousek-claim-jumper-2502968-condom-soup

[sakabatou]

1. "Waiter, there a condom in my soup!"

"Well, better than a fly."

[JI7]

2. they didn't call the cops right after it happened ?

for the cops to take and test it ?

i wonder if this is another case of that lady who made up the story about the finger in the chili at wendys.

[rwheeler31]

3. This sounds so bogus, need attention much?

[Tangerine LaBamba]

4. Uh-huh -

would YOU take home with you the thing that you found in your mouth?

Or would you have the manager call the police?

Bogus. Totally bogus............

[SheilaT]

5. These sorts of stories

seem invariably to turn out to be hoaxes. Someone thinks it's possible to sue and get millions of dollars, and in the end the claims really don't stand up.