A woman got a mouthful of a human fingertip when she bit into a chicken wrap she ordered from a restaurant in New York City … at least according to a new lawsuit.
Mary Elizabeth Smith claims she ordered a chicken wrap from Create in Astoria, Queens, back in November 2023 … and says when she took a bite, she discovered human tissue … namely, a fingertip.
In her suit, obtained by TMZ, Smith says the fingertip was fully in her mouth after biting into the chicken wrap. We also obtained photos of the alleged fingertip.
Smith claims the restaurant was negligent and says biting into human tissue has caused her “severe, catastrophic, and permanent injuries.”
Smith’s attorney, Robert Menna, tells us his law office sent the fingertip to a lab, where testing confirmed it was human tissue from a woman. Menna says the restaurant claims they didn’t have any female workers there on that day — but Create’s owner, Teddy Karagianni, denies such a story.
He tells TMZ … his female employees aren’t on the line, but work as cashiers — meaning it would be quite difficult for a female to chop her finger off into food in his kitchen. But, he encourages Smith to take a DNA test if she sees fit.
He says a finger would have to be missed by several layers of workers — from the person who delivers his chicken cutlets from the local supplier, to the one who trims the chicken, the staffer who seasons the chicken, the person who cooks the chicken and so on.
Karagianni — who owns two Astoria locations — calls the lawsuit “ridiculous,” “disgusting” and a quick cash grab. He also says he has been in talks with attorneys … and plans to sue for slander.
Menna tells us … “[The finger] could have come from the food processing plant or the distributor where they get the food but it’s still their obligation and duty to inspect the food they’re serving. Even if it didn’t come directly from an employee, it’s still their restaurant and food and their responsibility to uphold their standards.”
He also says he does not see a point in his client taking a DNA test because there are several ways insurance and the restaurant can claim it didn’t come from Create’s staff.
Smith is going after Create for damages.
Bottom line from her attorney … “You simply can’t serve food with human tissue.”
