A shocking lawsuit has been filed in New York after a woman claimed she discovered part of a human finger inside her meal from a Mediterranean restaurant — an ordeal that she says has left her “permanently traumatized.”
The complaint, obtained by People Magazine, was filed in the New York County Supreme Court on August 7. It was brought forward by 43-year-old realtor Mary Elizabeth Smith, a Chelsea resident who says the disturbing incident occurred after she purchased a chicken wrap from Create, a popular eatery in Astoria, Queens.
Smith, who was a frequent customer and visited the restaurant several times a week, said she bit into her food only to realize she had found what appeared to be a human fingertip. Her attorney, Robert Menna, described the discovery as devastating:
“Luckily, she didn’t swallow it. But it still traumatized her.”
According to the lawsuit, Smith has since suffered “serious injuries and pain, shock and mental anguish” as a result of what she believes to be gross negligence on the part of the restaurant.
The situation reportedly affected her health as well. Smith was immediately placed on an aggressive course of antiretroviral therapy (ART) to protect against possible disease transmission. During a hospital visit, she allegedly begged doctors to assure her it was “anything” other than a fingertip, even offering $75 for reassurance.
Restaurant Owner Pushes Back
Teddy Karagiannis, the owner of Create, has strongly denied the allegations, branding them as both “fraudulent” and “impossible.” Speaking to both People and the New York Post, he rejected the idea that such an incident could ever occur in his establishment.
“It’s impossible. It cannot happen in my style of operation,” Karagiannis told People.
He explained that every item served at the restaurant goes through several layers of inspection, making it unthinkable that something like a fingertip could end up in a wrap.
The owner also announced his plans to countersue Smith, accusing her of slander and damaging his business reputation. He further cast doubt on the claims after Smith’s attorney suggested lab results indicated the fingertip came from a female.
“I never have female employees working the prep line,” Karagiannis argued, insisting the forensic claims don’t align with his staff makeup.
Smith, however, countered his statement, maintaining that she had, in fact, seen a woman working at the restaurant on the day of her order.
Karagiannis also claimed Smith refused DNA testing on the fingertip, which he says could have proven definitively whether or not it was linked to his employees. Taking his accusations a step further, he suggested that Smith might have planted the fingertip herself, telling reporters it was possible she had “picked it up off the street” before making the claim.
When Smith was asked directly by the Post where she thought the fingertip had come from, her only response was:
“I really wish it hadn’t happened.”
Legal Battle Ahead
Despite the restaurant owner’s denials, Smith and her legal team remain firm. Menna has insisted that the case is supported by photographic evidence of the fingertip as well as a forensic report, though he said Create’s insurance provider, Liberty Mutual, dismissed the claims.
“So we will let the court take care of it,” Menna told People, describing the ordeal as nothing short of “horrifying” for his client.
As for Smith herself, she says the incident has deeply affected her daily life, leaving her with lasting fears about food safety.
“It took me a really long time to work up the courage to eat chicken again. Never in my wildest dreams did I think this would happen,” she said.
The case is now headed to court, where both sides will face off over what has quickly become one of New York’s most bizarre and unsettling food-related lawsuits in recent memory.
