Bowl of Claim Chowder
By Robert Warne - November 19, 2003 The upscale privately owned seafood chain of McCormick & Schmick's has a solid reputation for fine dining. But whether intentional or not, an artificial ingredient was found in its clam chowder which has generated a claim that could shake its reputable foundation.
Four women enjoyed drinks and appetizers at the Irvine restaurant Feb. 26, 2002. They then ordered the chowder. It was served lukewarm, so they sent it back to be warmed up.
Soup heated, the ladies began to indulge themselves. But Laila Sultan soon realized she was chewing on something with a stronger elastic resistance than clam.
She then spit out the foreign object, which to her and her friends’ disgust, turned out to be an unwrapped, rolled-up condom.
According to the Associated Press she spent the next 15 minutes in a restroom, vomiting, and has since seen a psychiatrist and taken medication for depression and anxiety.
As a result of their unforgettable experience the four women filed a suit against McCormick & Schmick's, claiming negligence and intentional infliction of emotional distress. The case is scheduled for trial Jan. 12.
Even though the restaurant unsuccessfully sued American Roland Food Corp., their clam supplier in September, management appears to be committed to fighting this one out in court.
The one crucial piece of evidence in the case though is still reportedly in the restaurant’s possession. The women said the manager seized the condom and was instructed by the restaurant’s carrier to not return it or let it be photographed, according to the Los Angeles Times.
This is important because the lawsuit asserts that the prophylactic could have been used.
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