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updated: 8/5/2011 3:25 PM

Lawsuit: Batavia Wendy's served contaminated buns

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A Hinckley man has sued the Wendy's in Batavia, claiming he got sick after he was served a hamburger bun that was contaminated by chemicals from a fire at a different Wendy's.

Kevin Lasswell claims a delivery driver for Aunt Millie's Bakeries picked up the buns from a Sycamore Wendy's after a fire there on May 21, but instead of destroying them, they were resold to the Batavia location, according to the suit filed in Kane County.

Lasswell "stopped eating the Triple Cheeseburger after he noticed the odd, chemical smell" on a May 26 visit to the Wendy's at 1905 W. Wilson St. and "he began to vomit immediately after consuming the second bite," the suit states.

He had trouble breathing and went to a hospital emergency room where he was diagnosed with "acute bronchospasms" and an "unknown chemical exposure," the suit states.

An emergency room doctor also smelled a "bleach-like odor" on the second sandwich purchased by Lasswell, and the Kane County Health Department reported four complaints from Wendy's patrons that day about food there having a chemical smell to it, the lawsuit states.

Lasswell seeks more than $100,000 in damages and attorney fees from the QSC Management Group, which operates the Wendy's, and Aunt Millies.

Barbara Southwick, the Wendy's owner and franchisee, said she could not comment on the suit because she had not been served yet.

She said she has spoken with Lasswell and was disappointed he took this route.

"My restaurant has been in business almost 20 years. We have a good history and strong relationship with the health department. We pride ourselves in serving good, quality, wholesome food," Southwick said.

Melissa Dunning, spokeswoman at Aunt Millie's corporate office in Fort Wayne, Ind., said she could not comment on ongoing litigation. Lasswell's attorney, Gary Newland, was unavailable for comment.

The case is set for an initial hearing before Judge Judith Brawka on Oct. 13.