A Mitchell woman has filed a lawsuit against the McDonald's Corporation and a local franchisee after she allegedly choked on a Chicken McNugget that she claims contained a bone.
Diane Reed filed the lawsuit Dec. 9 at the Davison County Courthouse, which is in the state's First Judicial Circuit. Her complaint states that on June 24, she purchased Chicken McNuggets to-go at the 1521 S. Burr St. McDonald's in Mitchell.
"While plaintiff was traveling on Highway 38 near the Vermillion River bridge, and while chewing a Chicken McNugget, she began choking and couldn't breathe," the complaint says. "She pulled her vehicle over and had to reach deep into her throat to dislodge a large chicken bone that was in the Chicken McNuggets."
The complaint goes on to state that, "due to the chicken bone being lodged in plaintiff's throat, she broke a tooth which requires a crown, experienced severe pain and required medical attention."
Reed is demanding a judgment, "in amounts to be proven at trial," for medical and dental expenses; future medical and dental expenses; pain and suffering, both present and future; and permanent injury. She also is asking for prejudgment interest, costs and disbursements of the lawsuit and "whatever else the court deems just and equitable in the premises."
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Reed's attorney is Michael Unke, of Salem. The McDonald's Corporation and Dale Porter, who is the local franchisee named in the lawsuit, were issued a summons and given 30 days to respond. If they do not respond, a judgment by default could be rendered against them. No response had been entered into the case file at the Davison County Courthouse as of Monday afternoon.
