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    We’ve all heard the stories about what happens when you make your waiter mad. Send the food back—it’ll get spit on. Don’t tip—you’re to-go box is doomed. But are the stories really true?   Ask the Yerdons.  Julie and her husband, Ken, along with their son, went to Chili’s in Clay, New York back in 2014 for dinner.  They sent their food back because they felt it was under cooked. They were re-served their dinner, and after eating asked for their drinks to go. Big mistake. According to a lawsuit the couple filed against Chili’s parent company, Brinker International Restaurants, their waiter left them a parting gift.  After the couple was in the car, the lid on one of the soda cups popped off revealing what Ken described as a “loogie.”

    DNA Test Proves Server Spit In Drink

    After taking his wife home, Ken went back to the restaurant and spoke with the manager and received an apology, a refund, and some food coupons. They did not admit, however, that the waiter, Greg Lamica,  was responsible for the spit. On the way back to his car Ken ran into Lamica who was standing in the parking lot sobbing. Ken recalls Lamica telling him he was afraid he was going to lose his job. “You should have thought of that before you spit in my cup,” Ken told him. Several days after the incident, Ken went to his doctor to be tested for HIV and hepatitis since he had, unfortunately, sipped some of the soda before discovering it had been tampered with. He also contacted the state police who went to Lamica’s apartment and took a voluntary DNA swab from Lamica’s cheek. He still denied spitting in the cup and had continued to work at Chili’s for another four months before leaving of his own accord. When the DNA results were returned, and matched Lamica’s swab, he was brought in the station where he finally confessed to spitting in the cup. He was charged with disorderly conduct, received a year probation and a $125 fine. The Yerdon’s have filed a lawsuit seeking unspecified damages for negligence and retention of an incompetent employee. The Yerdon’s have stated they won’t be eating at Chili’s again anytime soon.

    Update: The Yerndons filed a lawsuit against Brinker International Restaurants, the parent company of Chili’s restaurant claiming they took no action against Lamica for spitting in their drink.  Lamica continued to work at the Chili’s restaurant for three months after the incident.  In 2016 the restaurant chain settled with the Yerndons for an unspecified amount.  According to their attorney, Robert Lahm, the suit was settled to the satisfaction of both sides.

     

    We’ve all heard the stories about what happens when you make your waiter mad. Send the food back—it’ll get spit on. Don’t tip—you’re to-go box is doomed. But are the stories really true?   Ask the Yerdons.  Julie and her husband, Ken, along with their son, went to Chili’s in Clay, New York back in 2014 for dinner.  They sent their food back because they felt it was under cooked. They were re-served their dinner, and after eating asked for their drinks to go. Big mistake. According to a lawsuit the couple filed against Chili’s parent company, Brinker International Restaurants, their waiter left them a parting gift.  After the couple was in the car, the lid on one of the soda cups popped off revealing what Ken described as a “loogie.”

    After taking his wife home, Ken went back to the restaurant and spoke with the manager and received an apology, a refund, and some food coupons. They did not admit, however, that the waiter, Greg Lamica,  was responsible for the spit. On the way back to his car Ken ran into Lamica who was standing in the parking lot sobbing. Ken recalls Lamica telling him he was afraid he was going to lose his job. “You should have thought of that before you spit in my cup,” Ken told him. Several days after the incident, Ken went to his doctor to be tested for HIV and hepatitis since he had, unfortunately, sipped some of the soda before discovering it had been tampered with. He also contacted the state police who went to Lamica’s apartment and took a voluntary DNA swab from Lamica’s cheek. He still denied spitting in the cup and had continued to work at Chili’s for another four months before leaving of his own accord. When the DNA results were returned, and matched Lamica’s swab, he was brought in the station where he finally confessed to spitting in the cup. He was charged with disorderly conduct, received a year probation and a $125 fine. The Yerdon’s have filed a lawsuit seeking unspecified damages for negligence and retention of an incompetent employee. The Yerdon’s have stated they won’t be eating at Chili’s again anytime soon.

    Update: The Yerndons filed a lawsuit against Brinker International Restaurants, the parent company of Chili’s restaurant claiming they took no action against Lamica for spitting in their drink.  Lamica continued to work at the Chili’s restaurant for three months after the incident.  In 2016 the restaurant chain settled with the Yerndons for an unspecified amount.  According to their attorney, Robert Lahm, the suit was settled to the satisfaction of both sides.

    DNA Test Proves Server Spit In Drink

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