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TULSA COUNTY • CJ-2025-5143

James Thomas v. BT Concepts Owasso, LLC

Filed: Nov 7, 2025
Type: CJ

What's This Case About?

Let’s get one thing straight: James Thomas just wanted a cheeseburger. Not a metal shiv in his molars. But that’s exactly what he got at Bricktown Brewery in Owasso, Oklahoma — a hunk of jagged metal barb, allegedly broken off from kitchen equipment, nestled right in the middle of his dinner like some kind of culinary landmine. One bite, one scream, and suddenly this family dinner turned into a medical emergency — and now, a $75,000 lawsuit. Because apparently, in 2025, you don’t just sue for food poisoning. You sue for food shrapnel.

James Thomas is, as far as we know, a regular guy — a Tulsa County resident who, like the rest of us peasants, occasionally craves a greasy cheeseburger after a long week. On March 28, 2025 — a Friday, which feels important, because nothing says “weekend vibes” like a mouth full of metal — he took his family to Bricktown Brewery in Owasso. Now, for the uninitiated, Bricktown Brewery isn’t some sketchy pop-up in a gas station parking lot. It’s a whole brand. Multiple locations across Oklahoma. Fancy taps, brick walls, probably some artisanal pretzel bites. The kind of place that puts “craft” in front of “beer” unironically. This is not a dude flipping burgers out of a food truck with a “Cash Only” sign and three-star Yelp reviews. This is supposed to be safe. Sanitary. The kind of place you trust with your child’s chicken tenders, let alone your own adult teeth.

So James orders his cheeseburger. Waits. Eats. Takes a few bites — all normal, we assume. Maybe he’s chatting with his kids. Maybe he’s complaining about the price of avocados. And then — bam. Sharp pain. Not the “oh no, I bit into a gristle” kind of pain. No, this is the “something just punctured my gum and I might need an oral surgeon” kind of pain. He pulls out the offending object and — what does he find? Not a bone. Not a piece of plastic. Not even a rogue toothpick. No, folks, it’s a metal barb. Like, a jagged, industrial, “how-did-this-survive-the-grinder” piece of kitchen equipment. And get this — when he flags down a manager, the response isn’t “Huh, that’s weird,” or “We’ll comp your meal.” No, the manager immediately recognizes it as a broken piece from their own kitchen gear. Which means either: A) they’ve seen this before (yikes), or B) their equipment is so flimsy they can ID the fragments on sight (double yikes).

Now, we don’t know exactly what kind of barb this was — fishing hook? Meat tenderizer spike? Medieval torture device? — but we do know the aftermath: James Thomas didn’t just walk away with a war story. He needed medical treatment. Multiple providers. Ongoing care. We’re not talking about a Band-Aid and a saltwater rinse. This was serious enough to land him in doctor’s offices, possibly a dentist, possibly an oral surgeon, and definitely on the phone with a lawyer. Because nobody — and we mean nobody — signs up to be a human can opener.

So why is he suing? Two reasons, according to the petition. First: negligence. That’s legalese for “you had a duty to not poison me, and you failed.” Restaurants have a responsibility to serve food that won’t turn into a DIY dental procedure. They’re supposed to inspect, cook, and plate things in a way that doesn’t include metal fragments. And when the manager himself admits, “Yep, that’s from our gear,” it’s hard to argue they didn’t drop the ball. Second claim? Breach of implied warranty of wholesomeness and fitness — which sounds like something a law professor made up to torture students, but really just means: “I bought food, I expected it to be edible, and instead I got a hardware store reject.” Under Oklahoma law, when you sell food for immediate consumption, there’s an automatic promise — implied, not written — that it won’t destroy your customer’s mouth. And Bricktown Brewery, allegedly, broke that promise harder than a cheeseburger patty on a flattop.

Now, the money. James is asking for over $75,000. Is that a lot? Well, let’s put it in perspective. If you’re suing because your salad had a crouton that was too crunchy, then yes, $75K is wildly excessive. But we’re not talking about a minor inconvenience. We’re talking about: medical bills (probably already piling up), future treatment (oral injuries love to linger), pain and suffering (imagine biting down and realizing you’ve just eaten a piece of machinery), and possibly even lost wages if he had to miss work. Plus — and this is key — this isn’t just about James. It’s about sending a message: you can’t serve people metal and call it a meal. $75,000 isn’t pocket change, but for a business — especially one with multiple locations — it’s not a backbreaker either. It’s the legal equivalent of a “Hey, maybe fix your equipment before someone loses a tooth.”

And look — we’re not saying James Thomas is trying to get rich off a bad burger. We’re not even saying he’s looking for a free lifetime supply of beer (though, honestly, that would be a fair settlement). But here’s the thing: when a restaurant’s own employee identifies a piece of broken kitchen gear in a customer’s food, that’s not an “oops.” That’s a systemic failure. That’s the kind of thing that makes you wonder what else has slipped through. Did someone find a screw in their soup last week and just… not say anything? Is the deep fryer held together with duct tape and prayers? And more importantly — how many other people have eaten there since March 28 and are now wondering why their molars feel… off?

So what’s our take? The most absurd part isn’t that a man got metal in his burger — fast food horror stories are practically a genre at this point. No, the absurd part is that this had to happen at all. In 2025. At a chain. With managerial recognition of the object. This isn’t a mystery. This isn’t “we’re investigating how this happened.” This is “yep, that’s ours, sorry ‘bout that.” And yet, here we are, in small claims court’s dramatic older sibling — the District Court of Tulsa County — because a man needs to be compensated for a restaurant’s failure to, you know, basic food safety.

We’re rooting for James. Not because he wants $75,000. But because he’s forcing a conversation no one wants to have: “Hey, maybe don’t serve customers shrapnel.” It’s not radical. It’s not greedy. It’s just… reasonable. And in a world where people are regularly expected to accept “we’re out of fries” as a personality, holding a restaurant accountable for not poisoning you feels like a victory worth fighting for. Now, if you’ll excuse us, we’re going to go eat a sandwich. With a metal detector.

Case Overview

$75,000 Demand Jury Trial Petition
Jurisdiction
District Court of Tulsa County, Oklahoma
Relief Sought
$75,000 Monetary
Plaintiffs
  • James Thomas individual
    Rep: Christopher Maxwell Deane of Max Deane Law PLLC
Defendants
Claims
# Cause of Action Description
1 negligence Defendant served food containing a hazardous metal barb
2 breach of implied warranty of wholesomeness and fitness Defendant served unwholesome food unfit for human consumption

Petition Text

689 words
IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA JAMES THOMAS, Plaintiff, vs. BT CONCEPTS OWASSO, LLC, an Oklahoma Limited Liability Company, d/b/a and/or a/k/a BRICKTOWN BREWERY OWASSO, a domestic for-profit business. Defendants. CASE NO.: DAMAN CANTRELL ATTORNEY LIEN CLAIMED. JURY TRIAL DEMANDED CJ-2025-05143 PETITION COMES NOW, James Thomas by and through said party's attorney, Christopher Maxwell Deane of Max Deane Law PLLC, and for said party's action against the above-named Defendants alleges and states as follows: JURISDICTION AND VENUE 1. James Thomas is a resident of Tulsa County, Oklahoma. 2. BT Concepts Owasso, LLC is an Oklahoma Company with its primary place of business located in Owasso, Oklahoma. 3. Upon information and belief, BT Concepts Owasso, LLC, at all times pertinent to this lawsuit, managed, operated, and controlled the Bricktown Brewery Owasso bar and restaurant, located at 11909 E 96th St N, Owasso, OK 74055. 4. There are multiple Bricktown Brewery concept locations across Oklahoma. 5. The incident giving rise to this action occurred in Owasso, Oklahoma. 6. Jurisdiction and venue are proper in the District Court of Tulsa County, Oklahoma. FACTS 7. Paragraphs 1-6 are incorporated by reference. 8. On the evening of Friday March 28, 2025, Mr. Thomas and his family chose to dine at Bricktown Brewery in Owasso. 9. On that date, BT Concepts Owasso, L.L.C, was a dealer selling food for human consumption, open to the public. 10. Mr. Thomas ordered a cheeseburger and waited patiently for his meal. 11. Mr. Thomas relied on BT Concepts Owasso, LLC, for its skill and judgment to furnish food fit for human consumption. 12. After his meal was brought to the table, Mr. Thomas took several bites of his cheeseburger and immediately felt a sharp pain in his mouth. 13. Upon inspection, Mr. Thomas found a hazardous metal barb in his cheeseburger. 14. Mr. Thomas alerted a manager, who immediately recognized the hazardous metal barb as a broken piece of kitchen equipment. 15. Mr. Thomas suffered significant injuries to his mouth as a result of Defendant Bricktown's negligence in serving a hazardous metal barb and has undergone medical treatment from multiple providers and will require future medical treatment for this injury. 16. BT Concepts Owasso, LLC and its proprietors breached their implied warranty of wholesomeness and fitness by serving unwholesome food unfit for human consumption. FIRST CLAIM – NEGLIGENCE 17. Paragraphs 1-13 are incorporated by reference. 18. Defendant owes invitees to its location a duty of care to serve food that is safe for consumption. 19. Defendant breached its duty of care to Mr. Thomas by serving him food containing a hazardous metal barb. Agents and/or employees of Defendant confirmed that the metal barb came from their kitchen equipment and should not have been inside the cheeseburger served to Mr. Thomas. 20. Defendant’s breach of duty caused Mr. Thomas to suffer serious injury, requiring medical treatment. 21. As a direct and foreseeable result of Defendant’s negligence, Plaintiff has suffered damages in the amount in excess of $75,000.00. SECOND CLAIM – BREACH OF IMPLIED WARRANTY OF WHOLESOMENESS AND FITNESS 22. On March 28, 2025, BT Concepts Owasso, LLC, opened its doors to the public for the purpose of selling food for immediate human consumption. 23. Where a dealer sells food for immediate human consumption, purchaser may rely on implied warranty that such food is wholesome and not deleterious, and in the event [Plaintiff] sustains injury from the consumption thereof, he may maintain his cause of action upon such implied warranty. Sneed v. Beaverson, 1964 OK 191, ¶ 9. 24. Mr. Thomas relied on the skill and judgment of the restaurant and expected his meal would be fit for human consumption. 25. Defendant BT Concepts Owasso, LLC, breached the implied warranty when it served Mr. Thomas food that was unfit for human consumption and caused him injury. 26. Defendant BT Concepts Owasso, LLC’s breach of the implied warranty of wholesomeness and fitness caused injuries to Plaintiff exceeding $75,000.00. WHEREFORE, premises considered, James Thomas prays for relief against the Defendant in the form money damages in an amount greater than $75,000.00, costs and all other relief the Court believes appropriate. Respectfully submitted, __________________________________________ Christopher Maxwell Deane, OBA# 33383 MAX DEANE LAW PLLC 2921 E 91st Street, Suite 200 Tulsa, Oklahoma 74137 Phone: 918-225-5629 Fax: 918-770-7541 [email protected] Attorney for Plaintiff
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