NEW ORLEANS—A customer of a New Orleans Wendy's restaurant alleges she was served a moldy egg sandwich.

Jamyra Brown and her two minor children filed suit against Wendy’s Old Fashioned Hamburgers Store #8274 on Chef Menteur Highway, Tammy Johnson, the manager, as well as Wendy’s Old Fashioned Hamburger Company, The Wendy’s Company and Wendy’s International Inc. in the Orleans Parish Civil District Court on July 17.

The plaintiffs claim that they were sold an Artisan Egg Sandwich on July 18, 2012. The ingestion of the sandwich, which was allegedly contaminated with mold and/or fungus and/or mycotoxins, led the plaintiffs to become violently and severely ill.

Wendy’s is accused of failing to discover or remove the contamination, failing to warn the customers or exercise reasonable care in the creation and maintenance of a safe environment, and thereby causing or allowing the existence of a dangerous hazard.  The defendants are also accused of knowing about the contamination and causing an unreasonable risk of harm by serving it to their customers, who then required extensive medical treatment for related illness.

The plaintiffs are seeking an undisclosed amount in damages for psychological and physical pain, loss of consortium and special damages, with legal interest, and including all costs of these proceedings.

The plaintiff is represented by Douglas D. McGinty of McGinty Law Firm LLC.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 13-6698.

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