Chili’s Sued By Couple After Waiter Spits in Their Drink


*The more stories of this ilk we hear, the more we might actually consider never eating out again.

Ken Yerdon and his wife Julie Aluzzo-Yerdon went to Chili’s in Clay, NY to eat. But they got more than lunch or dinner and a beverage.

Now they plan to sue the restaurant for the “psychological trauma” they endured after their pissed off waiter spit in their beverage.

Yerdon does not know if he is now vulnerable to contract HIV or hepatitis.

DNA testing did prove that there was saliva, not belonging to Yerdon, in the beverage, and now the couple wonders if the waiter has a disease they should be concerned with.

It happened last July, when the couple encountered Gregory Lamica as their waiter. The couple’s version of the incident says things started well, but got weird after they complained that the broccoli they ordered was under-cooked and they never received the chips they had ordered.

When Ken noticed that their waiter had an attitude, he asked Lamica if he was OK.

Clearly, he was not.

Waiter Gregory Lamica (Source: FB)
Waiter Gregory Lamica (Source: FB)

When the couple got up to leave, they ordered a refill in to-go cups.

But it was after the lid on Ken’s soda popped off on the ride home, that he saw clear evidence of a “loogie.”

Too bad he had already taken two sips.

After taking pictures of the evidence, they returned to Chili’s to report the nasty incident to the store manager. And while an apology, a refund and coupons were extended to the couple, they refused to fire Lamica (who went so far as to admit what he’d done, in between tears) when the Yerdon’s passed him in the parking lot.

chili's couple who suing chilli's because waiter spit

Unsatisfied, the couple called the police. But Lamica then denied spitting in their cup; that is, until he was confronted with the DNA results and changed his tune.

He was then sentenced to one-year conditional discharge and a $125 surcharge. Three months after the incident, he was fired from the restaurant.

Ken was still tested for HIV (you can’t get HIV this way) and hepatitis twice, once after the incident and once six months later. And although Lamica has already been punished, the couple is still going after Chili’s for damages.

So what are the lessons here? And what do you think should have happened? Even though the waiter was punished, should the couple still seek damages from Chili’s?

6 thoughts on “Chili’s Sued By Couple After Waiter Spits in Their Drink”

  1. Now we know why he spit in the bitches drink, they were looking for a money day. I don’t think they have “damages” I think they are hoping for a settlement. PS. is it illegal to spit in someones drink?

  2. Why does spitting in someone’s drink have to be illegal for you to know that it’s wrong to do it??

  3. The lesson here is simple: Do NOT EVER complain to your waitperson about the food and NEVER EVER (repeat: NEVER EVER) send ANYTHING back!

    I do not know the law but if the couple’s attorney feels as though they have a case, then yes sue. Sue so that businesses will learn that there is a need to do extensive training in the area of customer service. However, I believe that if the couple wins a case against the restaurant, then they should/could give the proceeds to their favorite charity. Then the suit will not be about suing just to sue but about principles.

    Again the lesson is Do NOT EVER complain to your waitperson about the food and NEVER EVER NEVER EVER send ANYTHING back! And ALWAYS be nice and courteous to the waitperson, as you never know when you might eat there again and have the same person to wait on you.

  4. Also, if the waitperson is courteous and responsive, then ALWAYS leave a hefty tip. If the waitperson is the opposite, then write on a piece of paper telling them why they are not getting one red cent.

Leave a Reply

Your email address will not be published. Required fields are marked *