The Speedway in Nitro opened earlier this year. (Photo by Chris Dickerson)

CHARLESTON - A Putnam County man has filed a suit against a convenience store after he was burned when he bit into a gravy-filled breakfast biscuit sold at the store.

Bethel Owen Bias filed a suit Oct. 18 in Kanawha Circuit Court, against Speedway SuperAmerica LLC and EBY-Brown Company, LLC.

According to the suit, Bias went to the Speedway in Nitro on Sept. 3, 2007, and purchased a biscuit made by EBY.

"As per the instructions on the 7th Street Deli Stuffed Biscuit with Sausage Gravy container, Mr. Bias proceeded to microwave the biscuit for one minute in a microwave provided by Speedway," the suit says.

Bias removed the biscuit from the microwave after the minute, paid for it, then bit into it. However, the gravy "was extremely hot and burnt his lip and tongue," which injured Bias, the suit says.

Bias claims the gravy severely burned him and scarred his lip. According to the suit, Bias claims EBY was negligent in failing to warn that a cooling time must be observed before eating the biscuit.

In the seven-count suit, Bias seeks compensation for medical bills, court costs, damages for annoyance, inconvenience and aggravation, pain and suffering, and missed work, as well as permanent scarring.

Attorney D. Adrian Hoosier is representing Bias. The case has been assigned to Judge Tod Kaufman.

This is the second gravy-related lawsuit filed in the state in the last two months. In September, a Monroe County man has filed a suit in Berkeley Circuit Court against Bob Evans, seeking $5,000 after he has gravy spilled on his wrist.

Kanawha Circuit Court case number 07-C-2271