A homeless man is suing Waffle House for allegedly tricking him into drinking a "Christmas Shake" laced with dishwashing detergent.

Rex Leo, 50, was hospitalized on Dec. 14 after a waiter at the Waffle House in Stockbridge, Ga., allegedly mixed the toxic concoction and offered Leo $5 to drink it.

Leo was released from Henry Medical Center on Monday.

Leo's attorney, Jay Sadd, said the mixture ate up the homeless man's mouth, esophagus, larynx, trachea, lungs, kidneys and stomach.

Story continues

advertisement

"We're not sure at this point if he lost oxygen. That would cause brain damage," Sadd said. "Rex's family says he is mentally not what he was before the incident."

The suit seeks payment for damages caused by Waffle House and Quintin Wilson, the cook and waiter who mixed the concoction.

The complaint states Wilson's actions "constitute willful misconduct, malice, fraud" by disguising Waffle House Machine Dish Wash, or "Score," which contains sodium hydroxide, sodium dichlorocanurate dehydrate and silici acid, in a mixture of apple juice, sugar, and sliced lemons."

The suit also blames Waffle House "for employing Wilson knowing he had a 'propensity to exhibit dangerous and inappropriate behavior.'"

Charges against Wilson were upgraded Friday from misdemeanor reckless conduct to felony aggravated battery, according to Lee Sexton, Wilson's attorney.

"There was no intent to hurt Leo," Sexton said. "One of the other patrons had already dared him to snort salt, and he did. Then they dared him to snort sugar, and he did."

According to Sexton, the 19-year-old Jonesboro native mixed the concoction directly in front of Leo and at least seven others and offered everyone $5 to drink it. Sexton described the incident as a "stupid kid prank" and said Wilson removed the bottle holding the drink after a customer told him it was dangerous.

"His mistake was not pouring it out," Sexton said. "Leo went around the counter and picked it up. The other customers, including Quintin, were telling him not to drink it. Rex may have been drinking."

Sadd agreed Leo was "mentally compromised at the time."

"He lost his mother several years ago," Sadd said. "Then he lost his wife to cancer. This has had some effect on him, leading to his situation."

Sadd said Leo is currently staying with his sister.

Wilson's family was also acquainted with Leo before the incident, according to Sexton. They tried to help all the homeless men that hung out at the Waffle House, he said.

"Leo was a friend of [Wilson's]. They were close. Quintin never intended to hurt him," Sexton said. "There was never any intent to harm or intentional targeting of homeless people."