The suit filed in Kanawha Circuit Court by Arden Carte, 58, of Pinch, W.Va., said he suffered great physical anguish because of his latex allergy, not to mention the emotional damage inflicted by the nasty surprise two years ago, the Charleston (W. Va.) Daily Mail reported.

Carte and his wife, Donna, are seeking undisclosed compensatory damages for injuries, court costs and interest.

The newspaper said McDonald's had no immediate comment on the suit or the Cartes's claims, which alleged employees refused to call an ambulance and tried to get him to sign a release as he fell into anaphylactic shock.