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A Chicago woman craving a McDonald’s cheeseburger for breakfast was instead served something  not included on the breakfast menu – spit.

The early morning order led to a confrontation between the customer, Sarah Thienes, and a McDonald’s employee, who refused to serve the cheeseburger, as well as a second request breakfast sandwich. The West Chicago employee then allegedly spit in the customer’s face, which has led to a more than $300,000 lawsuit.

The incident took place in December 2009. The lawsuit was filed Wednesday in the Cook County Circuit Court.

Thienes maintains the employee told her that she had an aggressive and unfriendly tone, and that the cheeseburger wasn’t available because it is not included on the McDonald’s breakfast menu. When Thienes placed a second order for a ham breakfast sandwich, she was again denied by the employee, who informed her that only bacon was available.

A third order for a bacon bagel was apparently the last straw for the employee, who allegedly stuck her head out of the drive-thru window and spit at Thienes.

Thienes filed a police report the following day, and is claiming intentional infliction of emotional distress, battery and negligence in the lawsuit. The incident was supposedly caught on surveillance video.

McDonald’s franchisee Ron Lofton, who owns the store where the incident occurred, issued a statement cautioning anyone from jumping to conclusions without having the facts and declined further comment.

McDonald’s is no stranger to the courtroom. Its lawsuits have centered on hot chicken and hot chocolate; incitement of allergies; and facilitation of weight gain, among others.

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