Mom Sues McDonald’s, Claims Kid Ate Used Condom In Play Place

McDonald’s is facing a lawsuit for allegedly serving up a seriously unsanitary snack. Well, maybe “serving” and “snack” aren’t the right terms, since it’s not exactly a loogie burger under dispute. A Chicago mother has filed a complaint against the fast-food restaurant in Cook County Circuit Court claiming her then-2-year-old son ate a used condom he found in the play place floor.

According to the suit, Anishi Spencer and her sons Jonathan, then 3, and Jacquel were at a McDonald’s located in Chicago’s South Side on Feb. 4, 2012, when Jacquel picked up the used condom from the floor and later coughed up a piece of it. Spencer claims both children required medical care and have suffered lasting injuries, pain and discomfort. McDonald’s is accused of negligence for failing to clean the hazardous debris from the play area, as well as for failing to exercise appropriate caution to prevent “deviant activities” from occurring the play area. Spencer seeks a minimum of $50,000 in damages on behalf of her sons.

Spencer’s lawyer, Jeffrey Deutschman of Chicago’s Deutschman and Associate’s called the case “disgusting” and says he tried to work out a settlement with McDonald’s but there was too much bureaucracy, so to court he went.

As for McDonald’s, the company is remaining hush for the most part, but did issue a statement to the Huffington Post, emphasizing its priority of providing a safe, clean environment for its customers. While it is investigating the claim, McDonald’s says it has never had the opportunity to examine the condom allegedly found in its store, and the company cautions the public to avoid making conclusions without all the facts.

Of course McDonald’s, being the corporate giant it is, would issue a statement like that. Don’t give us any info, and tell us we don’t have all the facts. But even before reading McDonald’s bogus response to the allegations, I had my doubts about this lawsuit. There’s just something that doesn’t smell right about the whole thing.

First of all, why hasn’t anyone asked how Spencer knew the condom came from the play place? According to reports, she didn’t see the condom at McDonald’s, and only realized the child had ingested it later in the day when he coughed up a chunk. Now if the child was a bit older, even 4 or 5, I could see her asking Jacquel where he found it and relying on his answer. But he was 2 at the time. So how did she know he didn’t pick it up off the street, parking lot or—and this is just speculation—her own waste basket? The older brother Jonathan—3 at the time—is not a reliable witness, either.

My second issue with this is the allegation that the children now have lifelong psychological damage as a result of encountering the used condom. Seriously? Who even remembers what happens when they were 2 or 3 years old? I mean, if it was severely traumatic, maybe. But eating a used rubber is not gonna be something that wakes up those kids in the middle of the night 5, 10 or 20 years from now. Not unless Ronald McDonald himself had the love-glove on his big ol’ clown schlong and the kid sucked it right on off like a lollipop. But we know that didn’t happen. I’m sure the mom was much more traumatized than either son.

Good thing I don’t live in Cook County. I’d be kicked right off of that jury. But I hope people really think about the holes in this case, because right now it’s like Swiss cheese. And if Deutschman has a few aces up his sleeve, I can’t wait till he pulls them out.

[Image via Flickr/nlnnet]