A suit claiming a man suffered from food poisoning after dining at a fast food restaurant has been dismissed.

Milton Hill filed a lawsuit March 20, 2014, in the Jefferson County District Court against BG Foods Inc. and Ree Inc., doing business as McDonald’s, citing violations of the Texas Deceptive Trade Practices Act.

Court records show that the parties filed an agreed motion for dismissal with prejudice on Oct. 7.

That same day, Judge Gary Sanderson, 60th District Court, granted the motion.

The lawsuit alleged that Hill went to the McDonald’s at 3050 Martin Luther King, Beaumont, on July 8, 2014, to eat a meal.

Afterward, he claims he felt tremendous pain and went to the Med Clinic in Port Arthur where he was diagnosed with food poisoning. The incident breached warranties set in the Texas Deceptive Trade Practices Act, according to the complaint.

Hill was seeking actual damages within the minimum jurisdictional limits, pre-judgment interest and any further damages in line with the law, plus court costs.

Attorney James E. Payne of Provost Umphrey Law Firm L.L.P represents him.

Jefferson County District Court Case No. B195-512

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