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Friends drinking soda

Source: Blend Images – Moxie Productions / Getty

A couple dined at a Chili’s in upstate New York. It was a restaurant that they often frequented. On the day of the spitting incident,  Ken Yerdon and Julie Aluzzo-Yerdon, had some complaints about their under-cooked food and incomplete orders, according to the New York Daily News.

When it was time for them to leave, there was some back and forth between the couple and the waiter about taking some beverages to go. The couple said the server finally obliged their request, but refused to make eye contact when he returned with the drinks.

On the way home, Ken Yerdon took two sips from his beverage and noticed that something tasted funny. He opened the cup and found a wad of phlegm in the cup.

The couple complained to the restaurant and received a refund and some coupons, but no confession. The couple called the state police who took a swab of the waiter’s saliva. Three months later DNA tests proved that Gregory Lamica had indeed spit in the beverage.

The waiter was fined $125. The couple says they plan to sue both Chili’s and Lamica.