About 90 minutes later, Irsaliev’s complaint continues, he “started to feel a sharp pain in his stomach, and started to vomit.” He rushed to the emergency room of a nearby municipal hospital, where he threw up another two times, according to the complaint.
Irsaliev’s complaint lists three individual causes of action against the megachain: breach of warranty, gross negligence, and assault and battery, which, according to the filing, McDonald’s committed “by engaging in unwanted physical contact with dangerous (expired, rotten, mold infested) items having been planted in the… food product.”.
Irsaliev’s gastrointestinal nightmare began with a November 13, 2024, “family lunch” at a McDonald’s in Brighton Beach, according to a complaint filed two weeks ago in New York State Supreme Court.
Irsaliev said he would advise anyone who visits a restaurant to check their food before taking the first bite, recommending they “be vigilant, always check the food, smell the food, and check the reviews online.”.
More than six weeks after the lunch in question, Irsaliev still suffered from an “unpleasant feeling in the stomach,” and “could not perform his clergyman duties as he [normally] would,” according to the complaint.
