GULFPORT, MS (WCMH) — An attorney is suing a popular fried chicken fast food chain after he choked on a piece of chicken.

Attorney Paul Newton, Jr tells CNN affiliate WLOX-TV he ordered a combo that included two chicken breasts, a side, a biscuit and a soft drink at a Gulfport area Popeye’s restaurant. The order also came with napkins, salt and pepper and a spork.

“Because Newton’s order did not include a plastic knife, plaintiff Newton’s only option for consumption of the chicken breasts was to hold a chicken breast in his hands and to tear off pieces thereof with his teeth,” the lawsuit states.

Newton claims he then began choking on the chicken breasts which led to an emergency surgery at a local hospital, WLOX-TV reports.

The lawsuit demands Popeyes pay for all of Newton’s medical bills plus his pain and suffering. He’s also suing to force the fast food chain to include plastic knives in all future drive-thru orders so customers can “cut their purchased food orders into appropriate portions.”