McDonald's is asserting it was plaintiff Lillie Thomas' own negligence that made her ill, and not the alleged "foreign matter" in her meal.
As previously reported, Thomas filed suit against R.E.E. Inc., doing business as McDonald's, on Dec. 8 in Jefferson County District Court.
Court records show that McDonald's answered the suit on Feb. 16, denying Thomas' allegations and asserting that her alleged injuries were due to her own negligence.
The suit alleges that on Dec. 15, 2009, Thomas went to the McDonald's on Phelan Boulevard in Beaumont for breakfast.
"Part of her meal incorporated eggs," the suit states. "Due to the negligent preparation of the meal by defendant, some foreign matter was in the meal, which plaintiff aspirated. As a result, plaintiff suffered injuries that required medical attention."
The suit does not speculate on what the foreign matter might be.
However, the suit does allege the defendant negligently represented its food as safe.
Thomas is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Beaumont attorney Ryan Scott represents her.
Houston attorney Willie Daw III of Daw & Ray represents McDonald's.
Judge Gary Sanderson, 6oth District Court, is assigned to the case.
Case No. B191-447