A Wyoming County man who says he is constantly worried about his health after finding a condom in his iced tea glass last Mother's Day is now suing the Shoney's restaurant in Logan and the company that operates it.

The lawsuit filed Thursday says that when James Bledsoe saw a condom in his drink he "immediately became horribly ill, dry heaving and nearly vomiting at the table. He then ran for the nearest restroom to vomit."

According to Associated Press reports, Bledsoe is suing the restaurant manager, assistant manager and the server who waited on them for an unspecified amount in both punitive and compensatory damages. The incident took place on May 14 when James Bledsoe, 30, saw the unwrapped condom in his half-finished drink while dining with his family.

The family felt annoyed at the behaviour of the restaurant staff when Bledsoe returned from the bathroom and saw restaurant's assistant manager and several other employees, including his server, laughing.

The lawsuit also says that the restaurant manager did not comply with Bledsoe's request to keep the glass and its contents so it could be tested thus causing a "great deal of stress" to him.

Bledsoe, who tested negative for initial communicable diseases test, says he now expects to be tested for the next seven years and his worry is affecting his relationships with his family, causing him trouble sleeping and concentrating.