Pizza lawsuit seeks $75,000 in damages

Ottawan claims pie topped with glob of tobacco

An Ottawa woman is suing Pizza Hut claiming she got an unwanted topping on her pizza: a glob of minty chewing tobacco.

Marcella Russell claims she swallowed part of the wad, got sick, and, a year and a half later, still suffers emotional trauma, anxiety and “strong food aversions.”

She’s seeking a minimum of $75,000 in a lawsuit filed earlier this month in Douglas County District Court.

“It’s the kind of thing you want to put out of your mind when you’re eating anything, and I think that’s what she has trouble doing sometimes,” said one of her attorneys, Don Strole, Lawrence.

Russell ordered the pizza on Feb. 12, 2002, and had it delivered to her home. She realized there was tobacco on it after she took a bite that tasted bad and had a minty smell, the suit alleges.

A Pizza Hut representative later confirmed that one of the store’s employees was chewing tobacco at work that night, the suit claims.

Pizza Hut corporate spokeswoman Patty Sullivan on Monday questioned why it took so long to file the lawsuit.

Strole said that he first tried to negotiate with the company but he wasn’t getting anywhere.

Sullivan said she didn’t know anything about the incident and declined further comment, except to say, “I hope she’s feeling better.”

Russell’s attorneys argue that the restaurant is liable for damages caused by foreign matter in its food and that it negligently failed to supervise employees and oversee food production.