A man who claims he choked on a piece of Popeyes fried chicken has sued the fast food chain, claiming that his pain and suffering from the incident could’ve been avoided if a plastic knife had come with his order.

A Mississippi attorney says in a lawsuit filed this week that he bought two chicken breasts, red beans and rice, a biscuit, and a soda from a Gulfport Popeyes drive-thru in November 2015, FOX-8 reports. In that order he also received napkins, salt and pepper, and a plastic spork.

He drove to his office and had no problem using the spork on the beans and rice, but the plastic utensil proved ineffective on his chicken, he says.

Because his “order did not include a plastic knife, [the] plaintiff[‘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 says.

He claims that’s when he began to choke on a piece of chicken, and later had to undergo emergency surgery to remove it from his throat, the lawsuit states.

He now wants Popeyes and other named defendants to cover his medical expenses and to compensate him for his pain and suffering. In addition, he wants to make sure all future Popeyes’ drive-thru customers receive a plastic knife in their orders, so customers will be able to “cut their purchased food orders into appropriate portions.”

Gulfport attorney sues Popeyes after choking on chicken [FOX-8]

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