‘Waiter, There’s a Fly in My Salad’: The Lawsuit

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We suppose lawsuits have been fought over smaller pieces of evidence, we don’t come across them that often. At issue in a lawsuit reported by the Chicago Tribune on Monday: whether a teensy creature wound up in the salad of patron at a restaurant in Aurora, Ill.

According to the story, the assistant director of the Aurora Economic Development Commission, Manuel Maysonet, recently dined at a Walter Payton’ Roundhouse restaurant in Aurora — ordering a chopped salad with barbecue sauce. Maysonet allegedly sent the salad back, complaining there was a fly in it. The restaurant manager couldn’t find a fly, but reportedly offered to replace the salad. Maysonet declined, saying he’d have a burger instead. The restaurant paid for his meal.

Later in the day, Maysonet allegedly sent an e-mail, titled “Health Warning,” from his office computer, the suit states. The e-mail read: “The Kane County Health Department will be conducting an on-site inspection of Walter Payton’s Roundhouse after several complaints about flies within meals. Please stay away until the Kane County Health Department issues their official findings.”

Owner Scott Ascher, who partnered with NFL Hall of Famer and Bears legend Payton to open the Roundhouse in 1996, said he thinks the e-mail was sent to more than 300 people. Last week, America’s Brewing Co., which owns the restaurant, sued Maysonet for defamation, seeking more than $100,000.

It’s unclear what type of fly is alleged to have landed in Maysonet’s salad — the only mention of what type of fly might be involved in the story concerns the report of the Health Department, which investigated the incident and found a small number of fruit flies around the bar.

In any event, what should be interesting about this case is watching either side prove its case. A defendant can defeat a defamation suit by proving that the alleged falsity was, in fact, true. How will Maysonet prove that there was, in fact, a fruit fly in his salad? Eyewitnesses? Photographs? The evidence itself? Inquiring minds here at the Law Blog want to know.