Battle over buggy breakfast sandwich moves into circuit court

A bitter battle over a McDonalds breakfast sandwich moved into a circuit courtroom Friday morning in Memphis.

Charles Harris claims he found a tiny roach inside a McDonalds breakfast sandwich he was served in March 2005.  For more than two years, the sandwich has been stored in a freezer at the office of his attorney, William Winchester.

Harris recently sued McDonalds, claiming he nearly bit into the baby roach.

In court Friday, McDonalds attorney Ron Harper asked for the chance to send the sandwich off for testing.

"He went to the doctor one time, denies he even ate an insect, says he doesn't know where the insect came from, hasn't been to the doctor since, but still claims that it ruined his life," Harper said.  "We feel like testing is the best thing to do."

Winchester said he was worried about what would happen to the sandwich if it fell into McDonalds' hands.

"McDonalds wanted to send it off without telling us when, where, why, what's going to happen," he said.  "And they even said in their motion it's going to be materially altered, and since that's our only evidence we want to show the jury, that's our main concern."

The circuit court judge had similar concerns, delaying his ruling until he can hear specific details about the exact tests McDonald's plans to run. When that information will be provided, and  the subsequent ruling might happen, has not yet been determined.

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