A couple in New York proved a waiter at their local Chili’s restaurant spit in their drink, thanks a DNA test done by police.
Last summer, Ken Yerdon and his wife, Julie, visited the Clay, New York, Chili's restaurant for dinner, and had a few minor complaints that included undercooked vegetables and chips not being served. The couple’s waiter, Gregory Lamica, became annoyed.
“They were busy — we understood,” Julie said. “We were patient with him, but we could tell he was annoyed with us. All Ken said to him was, 'Are you OK? Have we done something to offend you?' And he said, 'Oh, no, no.’”
Before they left, Yerdon and his wife requested their drinks be refilled in to-go cups. Lamica instead brought them empty cups, seemingly expecting them to pour their remaining soda in by themselves. When Yerdon asked Lamica to fill the drinks, he once again became annoyed and went to the back of the restaurant to fill the cups.
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As Yerdon was leaving, he noticed that Lamica wouldn’t make eye contact with him. While driving, Lamica took two sips of the beverage before the lid popped off and he made a disturbing discovery.
“I saw the spit in the cup,” he said. "It wasn't regular spit either. It was definitely a loogie."
After dropping his wife off at home, Yerdon went back to the Chili’s and informed management of the incident. The manager offered him a refund and coupons, but the restaurant didn’t fire the waiter.
“We just felt like he needed to be terminated immediately,” Julie said. “To do something like that was so vile and beyond the pale. We couldn't believe it."
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Yerdon saw Lamica in the parking lot on his way out and proceeded to confront him about the spit.
“I said, 'Why did you spit in my drink?'" he told reporters. “He was bawling. He just kept walking with his apron in his hand and he didn't answer me. I said to him, 'You wouldn't be crying if you didn't spit in my drink.' He said, 'I don't want to lose my job.’”
The Yerdons later called the police, who questioned Lamica. The young man denied spitting in the drink, but agreed to give a saliva sample. The sample was tested and three months later, DNA results came back positive as Lamica’s. He was charged with disorderly conduct.
Yerdon and his wife now plan to sue Lamica for the “psychological trauma” endured from not knowing whether or not he contracted HIV for hepatitis from sipping the contaminated drink.
“It was a long six months of anxiety,” Julie said.
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