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GULFPORT, Miss. (AP) – A Mississippi attorney is suing Popeyes after he says he choked when he had to eat a piece of fried chicken with his hands because a knife wasn’t included in his drive-thru order.

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Paul Newton Jr., who filed the lawsuit this week, says the only utensil he was given last November at the Gulfport restaurant was a spork.

The lawsuit states that because Newton didn’t receive a plastic knife, his only option was to hold the chicken breast with his hands and tear off pieces with his teeth, causing him to choke.

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The lawsuit says Newton underwent emergency surgery to remove the piece of chicken from his throat.

Along with knives for all drive-thru customers’ orders, Newton is also seeking financial compensation and punitive damages from several defendants.

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