KFC Wins Lawsuit by Customer Claiming He was Served Fried Mouse

(courtesy of the Georgia Trial Reporter)

Case Caption: Bryant Thomas v. KFC US Properties d/b/a Kentucky Fried Chicken
Case Number: 2007CV130567
Court:Fulton County Superior Court
Verdict: Defense verdict
Judge: Kimberly Adams
Date of Verdict: 5/21/2009
Attorneys:
Plaintiff: James Brantley, Atlanta
Defendant: Scott D. Huray, Atlanta

Facts:
A fast food customer alleged he was served fried mouse, which he said made him violently sick. Defendant denied plaintiff’s claims and a defense verdict was returned by a Fulton County jury.

Plaintiff Bryant Thomas allegedly ordered a three-piece chicken meal at the drive-through window of Defendant Kentucky Fried Chicken in Morrow in July 2005. After eating the first piece of chicken, plaintiff reportedly bit into the second piece and noticed a foul taste. Examining the meat, plaintiff saw it was gray in color and  concluded it was a fried rat. Plaintiff claimed he became violently ill as a result of eating the rat. According to plaintiff, he placed the remaining meal, including the rat, into the freezer before sending it off to be tested by a laboratory. The lab reportedly told plaintiff the foreign meat was a fried house mouse.

Plaintiff alleged negligence by defendant for failing to provide food fit for eating and in doing so breached its implied warranty of merchantability. Plaintiff further asserted he was required to seek psychiatric treatment because he had developed a severe anxiety to rodents as a child.

Defendant denied it sold plaintiff a fried mouse or that the rodent was cooked at its restaurant. Also, defendant denied plaintiff became ill as a result of its negligence or that it had breached its duty of implied warranty. Defendant’s expert witness opined that the fried mouse was not breaded with KFC breading and had not been cooked via KFC’s policies and procedures.

Plaintiff Profile: Plaintiff was a male. His age was unavailable for publication.
Alleged Injury: Biting into a cooked mouse, resulting in illness and sleeping and eating problems. Plaintiff claimed the need for psychiatric treatment.
Expert(s):
Plaintiff: None
Defendant: Lynn S. Bates, Ph.D.
Foreign Material Identification –
Manhattan, KS None
Bates, Lynn S., Ph.D.


Editor’s Notes: Information for this summary was obtained
from another published source.
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