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Spit take: Syracuse man sues over waiter phlegm

A Syracuse man is suing owners of a Chili’s restaurant after a State Police investigation confirmed his suspicion that a server spat phlegm into his soda cup.

Ken Yerdon, his wife Julie Aluzzo-Yerdon and their 12-year-old son trusted Chili’s. They were once-a-week regulars.

That changed on July 28, 2014, when the Yerdons dined at the Chili’s location at 3954 Route 31, Liverpool, according to a story.

Waiter Gregory Lamica got surly when asked the couple asked for soda refills in to-go cups, but complied, Yerdon alleged in his lawsuit.

On the way home, after a couple of sips, the top to Yerdon’s soda popped off, and he observed water spit, he alleged. "I saw the spit in the cup," Ken Yerdon told "It wasn't regular spit either. It was definitely a loogie."

Yerdon returned to the restaurant and reported the incident and demanded satisfaction. He was given coupons and a refund, but no apology. Yerdon called the State Police, who agreed to undertake an investigation. An investigator obtained a cheek swab from the waiter, and the State Police crime lab compared the waiter’s DNA to the preserved soda cup sample.

Three months later, the test came back a match. Lamica who had allegedly continued to work at Chili’s for several months, was arrested by the State Police, the story said. He was charged with disorderly conduct, a violation, pleaded guilty and was sentenced to a one-year conditional discharge and $125 surcharge.


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