ABC News reports
A New York man who suspected that a Chili's restaurant waiter had spit into his drink got the law involved and investigators were able to determine who spit into the drink using DNA analysis, according to court documents. The incident took place last July, when Ken Yerdon and his wife, Julie Aluzzo Yerdon, went to dinner at a Chili's restaurant on Route 31 in Clay, New York, according to court documents from a lawsuit filed Tuesday. The couple complained to their server, Gregory Lamica, then 24, that their food was under-cooked and that they hadn't been served chips, Yerdon said.
"They were polite to the server, and even left a tip," Robert Lahm, a lawyer representing the Yerdons in the case, told ABC News today.
"We weren't rude or anything," Ken Yerdon told ABC News. "It was a busy
night but we didn't expect for our food to get spit in," he said.
Before leaving, the couple asked for to-go drinks and as they drove off,
the styrofoam cup's lid popped off, revealing a nasty surprise, Yerdon
said.
"The lid popped off and I looked in and there was some spit in the cup," Yerdon said, noting "it was really bad."
Yerdon dropped off his wife and 12-year-old son before driving back to
the restaurant, where managers apologized and gave Yerdon a refund and
some coupons but did not admit Lamica was responsible for the incident,
Lahm said.
Yerdon said he then ran into a sobbing Lamica in the parking lot, where
he asked him why he'd spit in his cup. According to Yerdon, Lamica
denied that he had spit in the cup, prompting Yerdon to say "you
wouldn't be crying if you hadn't spit in my cup."
Lamica told Yerdon he didn't want to lose his job, Yerdon recalled, to
which Yerdon replied "you should have thought of that before you spit in
my cup."
"It's a backstory that everybody thinks about, what the servers do and
what's happening in the kitchen," Lahm said. "It’s disgusting to think
about it."
Since Ken Yerdon took two sips of the drink before he saw the spit, he said he decided to get tested for HIV and hepatitis,
and in both cases he subsequently tested negative. HIV cannot be
contracted through saliva, according to the Centers for Disease Control
and Prevention.
Several days after the Yerdons called the state police, investigators
showed up at Lamica’s door where he denied spitting in Yerdon’s drink
but agreed to have his mouth swabbed for DNA, according to state police.
Meanwhile, Lamica had not been fired and he continued to work at the
Chili's until last October when he left on his own volition, according
to court papers.
Three months after the incident, DNA analysis concluded the spit in the
Yerdon’s cup matched Lamica’s, who was brought into a police station
where he confessed to the crime and was charged with disorderly conduct,
according to state police. Lamica pleaded guilty in February and was
sentenced to a one-year conditional discharge and a $125 surcharge,
according to Clay Town Court.
The Yerdons filed a lawsuit Tuesday against Lamica, Chili's parent
company and the owner of the Chili's for negligence and retention of an
incompetent employee. The lawsuit did not specify the damages being
sought.
Lamica could not be reached for comment by ABC News.
"Due to company policy and a pending lawsuit, we are waiting to review
the case before commenting," a manager at the Chili's in Liverpool, New
York, told ABC News today.
"The behavior of this former employee was an isolated incident and
totally unacceptable," a spokesperson for Chili's Grill & Bar said
in a statement sent to ABC News. "It should not overshadow the more than
100,000 Chili's team members taking great care of our guests every
day," the statement said.
"We won't be going back to Chili's," Yerdon said.
49 comments:
Thank God for technology.
~album drops 8th June~
Ok*yawns*
He should have been jailed biko. Lindaobserve
WTF!
Omg...what the heck,....that shit just got real
Funny and irritating report. How wicked can people be? Customers are not allowed to complain anymore? The world is filled with wicked people
Hmm oyibo people
Crazy world
Hmmmm nawaaa but funny, d waiter wicked oh
Wow!! Guess he ddnt like his job #nastywaiter#
Dis is really interesting, and thank God seek for justice to follow up wit d case. Technology made it all possible to ascertain d truth.
Really disgusting, why on earth will he do that!
So one can't complain again? Some peeps sha.
I'm sure Chillis has lost like 25% of their customers for what Lamica did! That's sick!
That's so not right
Crazy World with Crazy pple ..
That's so disgusting ayama!!
That waiter should be fucked in the ass! I mean they should get a fag to come tear another hole in his ass
U got any damn idea how many seconds it takes to scroll down after ur shitty ass comments and dumpass spacebars?? ....now tell me who gives a rats ass when yo or David's album comes up...Geeeeeeez
Technology made d difference if not d truth wil never b known.
Davidos driver, ur comment goes a long way to show ur low level of thinking/illiteracy/daftness!!!
I have followed a while now, on peoples reaction to ur stupidity; Oh well, a goat will always be a goat!!!
What caught my attention was ur comment, saying thank God for technology!! Its science bro.
Loads of difference between the two. DNA is biological, its science. Thank you.
From Senor
This guy must be crazy
Ewwww...
Madness everywhere.....so irritating!
That's very wrong of lamica spiting into someone's drink. He should go in for it period
...to determine who spit or who spat? Linda take note!
What A Nasty Behavior!
God Bless Bummyla
http://bummyla.com
Omo funny *dodorima Africans*
eww! dtz bad
Ewwwwwwwwww
Disgusting, d waiter na mean person o
How e go do such a thing?
#ITwillONLYgetBETTER
#itMUSTendINpraise
If your album does not drop today, then you are doomed. Ode.
This is not an isolated incidence, there has in fact being many reports on these types of behavior from waiters to cooks. They have being caught on camera spitting, touching people's food with soiled hands and in one case one was seen peeing in a washing basin all because they were angry or disgruntled!
Real life shenanigans.
Ewwwwww, dis is so disgusting and so annoying. Linda take note!
Ewwwwww, dis is so disgusting and so annoying. Linda take note!
Ewwwwww, dis is so disgusting and so annoying. Linda take note!
Ewwwwww, dis is so disgusting and so annoying. Linda take note!
Forensics is the way to go. I wish our police in Naija will take a cue from the scientific method of gathering information. Not to arrest every one in a street because a crime was committed there.
What the.....,dat guy stupid sha
*iyaqo Obama
I haven't cooked anything in over a year! Only God knows what those food delivery boys has done to my food. *sigh*
Any body know of a project topic. 'SMS cash based electronic system''??. .my email Maasshin@gmail.com
Commendable act.
If our justice system could work like this...
If people didn't 'forgive and forget' this much...
If people go to lengths to investigate...
If police takes every case like it's the last...
If only people don't wave off nuisance like it's "one of those things'
Nigeria would have been a better place.
If this couple had given up or just sighed and walked away. This disgusting waiter would have been feeding people with saliva and phlegm.
Who does that to a customer,disgusting and annoying
dis oyibo pple dey matter don tire me
Lol,.am sure some nigerian waiters do it too not just the oyibo's
My Year Of Linda's 100k
babe me dey hope on dat money tooooooooo last year i no put my email n i won ...... bad market but dis yr nothing gona stop me. anty lili take note...... linda u corrct
Thanks 4 d post. Some waiters re just wicked
Naija waiters nor go do dis one oo
Say what? Some people have a funny way of reacting to certain things.
#TeamBlessed#
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