Corbin man files lawsuit claiming he choked on bread tie that fell in restaurant sandwich

A Corbin man is suing the local Arby’s franchise after he claims one of the “slider” sandwiches he was served contained a bread tie that caused him to choke and left him unable to breathe.

Dennis Smith has filed suit against Lavco Food Services, Inc., a Barbourville-based company that owns multiple Arby’s restaurants, including the Cumberland Falls Hwy. store.

In the suit, filed in Whitley Circuit Court, Smith stated that he through the drive through on August 12 where he purchased the small sandwiches.

“Upon swallowing, Plaintiff (Smith) experienced choking and a sharp cutting feeling in his throat,” the lawsuit states.

Smith stated that he pulled over and got out of his vehicle, as he was unable to breathe.

He was eventually able to dislodge an item from his throat, which he stated was a bread tie.

Smith went to the emergency room at Baptist Health Corbin where he was diagnosed with esophageal irritation and superficial scratches.

He was treated and released.

“Upon release/discharge from Baptist Health emergency room, Plaintiff (Smith) returned to Arby’s restaurant where he reported the incident to the manager on duty,” the lawsuit states.

Smith is seeking damages for physical pain and suffering, emotional pain and suffering, “resulting fright and fear of death by asphyxiation, humiliation and embarrassment,” according to the lawsuit, which he claims was the result of the company’s gross negligence.

In addition, he is asking that Lavco pay his medical expenses, attorney fees and court costs.

Finally, Smith is asking the court to award punitive damages.

In it’s response to the suit filed Monday, Lavco Food Services, Inc. denies it was negligent and requested the lawsuit be dismissed.

No court date has yet been set for the case.