Steak fajita caused diner pain and suffering, suit claims

Kelly Holleran May 5, 2010, 4:13am

A man has filed suit against a Wood River Mexican restaurant, alleging he got food poisoning after eating a steak fajita.

Lester Malson claims he visited defendant Los Tres Amigos on May 29, 2008, at about 7 p.m. when he ordered a steak fajita meal with a guacamole salad.

"Defendant was then and there negligent in that said foods, or some of them, were not good, healthful, sound and wholesome, free from defects, and in all respects fit for human consumption; but, to the contrary, the same were contaminated, defective, spoiled and unfit for human consumption," the suit filed April 26 in Madison County Circuit Court states.

Because of the food he ate, Malson claims he was made diseased, disordered, infected and sick; suffered a loss of his earning capacity; and experienced pain and suffering. In addition, he incurred medical costs, suffered disability and disfigurement and lost wages, according to the complaint.

In his suit, Malson is seeking a judgment of more than $50,000, plus costs and other relief the court deems just.

Lon D. Weaver of the Law Office of Lon D. Weaver in Bethalto will be representing him.

Madison County Circuit Court case number: 10-L-456.

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