A legal dispute is unfolding as a Michigan man files a lawsuit against Olive Garden, asserting that he discovered a rat’s foot within a spoonful of minestrone soup.
The lawsuit, submitted on Friday in Macomb County against the restaurant chain and a Michigan-based LLC named Olive Garden Holdings, narrates that Thomas Howie ventured out for dinner with friends in March at a Warren, Michigan restaurant, situated in a Detroit suburb.
According to the complaint, Howie, who resides in the neighboring Oakland County, ordered minestrone soup during the visit. He reported feeling a sharp, piercing sensation upon attempting to ingest a spoonful, which prompted him to spit out the food onto a napkin. As per the lawsuit, the sight that met his eyes was a furry, clawed rat’s foot, triggering a bout of vomiting.
The legal claim alleges that an Olive Garden employee discredited the possibility of a rat’s foot being present in the soup, humorously remarking, “That’s funny. We don’t even put meat in minestrone.”
An Olive Garden spokesperson stated that “there is no reason to believe there is any validity to this claim.”
Following the incident, the lawsuit contends that Howie sought medical treatment at an urgent care facility for a mouth laceration caused by the foreign object. He received a tetanus and diphtheria shot, a prescription for antibiotics, and a mouthwash typically employed for gingivitis treatment.
In pursuit of compensation, Howie and his legal team are pursuing damages exceeding $25,000, encompassing physical injury and claims of “mental anguish and emotional distress.”
“He is disturbed, and he still has lingering effects,” said Daniel Gwinn, one of the attorneys representing Howie.
The lawsuit states that Howie’s aversion to consuming meat persists, and he faces challenges dining at establishments where food preparation isn’t observable. In the aftermath of the incident, the complaint highlights that he endured continued vomiting and could only consume plain crackers.
Olive Garden, in response, suggested that the rat foot, as depicted in a photo, appears uncooked and distinct from the soup’s coloring. The company has requested the foot from Howie and his attorneys for forensic analysis but hasn’t received it.
Gwinn countered Olive Garden’s comments by stating that such arguments are suitable for court proceedings and asserted that the specimen would be available for inspection during the case’s discovery process.
In the aftermath of the incident, the Macomb County Health Department inspected the Olive Garden location two days later. The department’s report, provided by an Olive Garden spokesperson, indicated no evidence of rodents in the restaurant. Pest control experts who visited on the day of the incident also found no signs of infestation.
The restaurant managers confirmed discarding the soup batch after Howie’s claim. The report attests that managers at the Olive Garden location were unaware of how the foreign object could have entered the food, emphasizing adherence to a stringent soup-making protocol.
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Gwinn stated that his legal team’s attempts to reach a settlement with Olive Garden have been unsuccessful, noting Howie’s disappointment with the company’s lack of response and apology.