Man sues Popeyes after choking on chicken

Anderson, US - October 24, 2016: Popeyes Louisiana Kitchen Fast Food Restaurant. Popeyes is known for its Cajun Style Fried Chicken II (jetcityimage)

A Mississippi attorney is suing Popeyes after he says he choked on a large piece of fried chicken that he had to eat with his hands because a knife was not included in his drive-thru order.

Paul Newton Jr., who filed the lawsuit this week, says the only utensil he was given at the Gulfport restaurant was a spork when he visited the restaurant last November.

Fox 8 reports that Newton bought two chicken breasts, red beans and rice, a biscuit and a soft drink. In addition to the food, the lawsuit states the customer was given napkins, salt and pepper, and a spork. Newton then drove to his office and started eating in the car, using the spork for his red beans and rice.

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"Because Newton's order did not include a plastic knife, plaintiff Newton's only option for consumption of the chicken breasts was to hold a chicken breast in his hands and to tear off pieces thereof with his teeth," the lawsuit states.

Newton allegedly then started to choke on the fried chicken and had to undergo emergency surgery to remove the piece of chicken from his throat.

Along with knives for all drive-thru customers’ orders so people will be able to "cut their purchased food orders into appropriate portions,” Newton is also seeking financial compensation for his pain and suffering plus medical expenses and punitive damages from several defendants.

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One former Popeyes employee told Fox 8 the chain shouldn’t be held responsible for a customer choking.

“If you choke on your chicken and you have to get the chicken removed from your throat, it’s not because Popeyes didn’t apply a knife to the box,” former employee Tory Stokes said. “Maybe you should slow down eating. Nobody eats chicken with utensils.”

The Associated Press contributed to this report