Philip Hodousek, 50, and his family went out for an Easter brunch this year at a Mission Viejo, California restaurant. After ordering their meal they were served their French soups, and also received a condom with their meal.
Mr. Hoduosek begin to eat the cheese topping of the soup only to find it tasting a bit rubbery.
That's when the family's meal at "Claim Jumper" turned into a nightmare. Hoduosek spit out the piece of cheese only to discover he had been chewing on what his wife claimed was a condom.
General manager Marc Hadley tried to pass the condom off as a rubber glove used by an employee who was preparing the food according to documents.
The family inspected the item more closely deciding that it was in fact a condom.
Knowing that the rubbery piece had been in his mouth sent the man to the washroom to vomit. Back at the tablet Hodousek, the alleged victim, took a picture of the condom on his napkin with his cell phone.
The manager wanted the family to leave behind the condom but that didn't happen. They did get their meal for free.
After test results revealed female DNA on the condom by a test completed by Lab Corp in North Carolina, the restaurant was given the rubber to perform their own tests.
Eric V. Traut, the family's attorney said that his clients only filed a lawsuit after they felt that the officials at Claim Jumper did not work to find the identity of the person that put a condom in his soup.
The lawsuit is seeking general damages, specific damages for medical services, medication, drugs, psychological treatment, loss of earnings, and the cost of filing the lawsuit.
KTLA reports that Claim Jumper Enterprises has released the following statement concerning the case:
We have found no evidence to support any of the allegations in a complaint filed by Mr. Zednek Philip Hodousek against Claim Jumper on July 21, 2009.
We thoroughly investigated Mr. Hodousek's claim. We do not believe Mr. Hodousek's lawsuit has any merit and will fight this allegation.
Claim Jumper conducted a DNA test on their female employees and found no match. They requested that Hodousek also have testing done, and he failed to show up for the test.