UPPER WEST SIDE, NY (PIX11)—
A woman is suing Planet Sushi on Manhattan's Upper West Side, claiming that her to-go order of tuna rolls with the spicy sauce on the side was tainted with semen, Eater NY reported.News of the lawsuit surfaced when Planet Sushi filed a motion to have the lawsuit thrown out this week, due to a lack of evidence. The judge, however, refused to toss the case outright.
"Plaintiff claims that on June 27, 2008, somewhere around midnight, she received a take-out order of tuna rolls, with spicy sauce on the side, and that the spicy sauce was tainted with human bodily fluid, which she believes was semen. She states that she noticed something amiss upon first tasting the sushi, after having dipped a piece of the tuna roll into the sauce, and that she spit part of the roll out but swallowed about half of the bite."
According to the suit, the plaintiff says she has been physiologically and psychologically scarred by the incident, and has been thrown in to depression after not being able to eat sushi, her former favorite food.
The plaintiff kept half of the alleged semen-based sauce in her freezer and turned over the other half to a lab for testing. After two inconclusive tests and a third that found a "possible presence of bodily fluids", the lab discarded the sample after the plaintiff made no arrangements to preserve it. The "possible presence" could only be confirmed with DNA test.
Strangely, the plaintiff admitted at a deposition on Sep 10, 2010 that she had discarded her frozen sample as well. It was around that same time that she filed the lawsuit.
Two months after her deposition, she reversed her statement, saying she wasn't sure that she had thrown out her half of the sample. Despite the changing statements, the judge decided that a hearing was still necessary in the case that the plaintiff didn't discard the sauce.
