A Jefferson County woman filed the negligence lawsuit in Jefferson County Circuit Court on March 27 against IHOP claiming she was choked on a condom in her French toast at the International House of Pancakes in Homewood. The case is assigned to Circuit Judge Carole Smitherman. It names KMG Enterprises Inc., doing business as IHOP store number 4418, as a defendant. The lawsuit was filed by Alexander Shunnarah Personal Injury Attorneys, P.C. on behalf of Hannah.
According to the court documents, an elderly woman was horrified to find a condom lodged in throat, causing her to vomit and choke. Demetria Hannah claims that on Feb. 19 she and her husband, and her minor grandson and granddaughter went to the IHOP restaurant located at 221 State Farm Parkway in Homewood to have dinner at the request of her granddaughter, where she ordered French toast and sausage.
The lawsuit states: “While consuming her meal the Plaintiff (Hannah) felt something become lodged in her throat, which caused her to have difficulty breathing. As a result, she ran to the women’s bathroom along with her minor grandson. While in the women’s bathroom the Plaintiff attempted to dislodge the material in her throat by vomiting.” Accordingly, Hannah placed her fingers in the back of her throat in an attempt to pull out the material.
Upon further inspection of material, Hannah and her minor grandson observed a condom among the chewed up food that she had consumed.
Hannah’s minor grandson went and retrieved her husband who also observed the condom and contacted the Homewood Police Department. The Plaintiff was treated by emergency medical personnel and transported to the hospital where she received additional treatment.
Among the claims in the lawsuit are negligence and wantoness. The lawsuit states that IHOP “breached their duties to exercise reasonable care in the preparation of the food served to plaintiff, to sell food that was merchantable, to duty to sell food that was not unreasonably dangerous.”
Alexander Shunnarah, President and CEO of the firm, said: “Mrs. Hannah was simply attempting to enjoy a peaceful day with her husband and grandchildren, but is now faced with the burden of heavy emotional damage because of the wrongful actions of IHOP. We will be fighting to ensure Mrs. Hannah receives justice and hopefully prevent anyone else from having to endure this situation in the future.”
A KMG official on Monday fired back at the lawsuit. Alan Garrett, Vice President of KMG Enterprises Inc., said: “We absolutely deny this claim. It’s a total fabrication.”
Sources: