"It wasn't regular spit either. It was definitely a loogie."

That's a how a New York man describes what he found in his to-go drink from a Chili's restaurant in Liverpool, New York. The diner, Kenneth Yerdon, discovered the bodily fluids after taking two sips in July, according to his account provided to Syracuse.com

But the story doesn't end there. Yerdon complained to state police about the incident. The waiter, Gregory Lamica, agreed to a DNA mouth swab. And all of that led to Lamica pleading guilty to a disorderly conduct charge in February, resulting in a $125 fine.

Now Yerdon—perhaps salivating over a monetary payout—is suing Chili's and the waiter.

Puns aside, Yerdon's lawsuit in New York Supreme Court last week claims (PDF) he suffered injuries, including "fear and anxiety that he may have been infected with an infectious disease such as hepatitis or HIV/AIDS."

As Plaintiff Kenneth Yerdon did not know the health history of Defendant Lamica he took reasonable precautions to guard his health and that of his family which included testing for hepatitis and HIV and had vaccinations and injections as a prophylactic for those infectious diseases. Plaintiff Kenneth Yerdon's injuries were entirely foreseeable under the circumstances then and there present. Defendant's negligence was a legal cause, a cause-in-fact, a proximate cause or a substantial factor because of the spit in his cup resulting in bodily and psychological injury to he and his wife.

(Yerdon tested negative for HIV and hepatitis of course. The Centers for Disease Control and Prevention says that "HIV cannot be spread through saliva, and there is no documented case of transmission from an HIV-infected person spitting on another person.")

Yerdon's suit calls the spitting "wanton, reckless, malicious, outrageous and intentional" and said it "shows vindictiveness." The lawsuit claims that the waiter continued working at the restaurant on Route 31 for three months, despite Yerdon complaining about the incident.

What led up to the illicit spitting? Yerdon was at the restaurant with his wife, Julie, and the couple's 12-year-old son. The family complained about the broccoli not being cooked enough and that they didn't get chips. "We weren't rude or anything," the husband told ABC News. "It was a busy night but we didn't expect for our food to get spit in."

When the meal was over, the family asked for to-go cups for their sodas. After a couple of sips, Julie Yerdon said the lid popped off her husband's drink.

"It was hard not to notice the disgusting mess that was in the cup," she said.

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