Attorney Sues Restaurant For Cup of Soup

Dwain Downing states the fucking obvious.

Dwain Downing states the fucking obvious.

Last week in Mansfield, Texas, an attorney named Dwain Downing took himself to lunch at a place called Our Place Restaurant. That morning, as he put on his suit that was two sizes too big and ignored the shaving gel and razor in his bathroom, he thought that this was the day he was going to file the most frivolous lawsuit in the history of North Texas. He just had to keep the possibilities open until the right opportunity fell into his fupa. When he sat down to eat, his eyes gazed on the list of sandwiches and saw that they came with a free cup of soup. Because “free” is Dwain’s favorite thing in the world other than chocolate-covered pork rinds, he decided to order a sandwich. He blissfully ignored that the menu also said “while supplies last.” Lo and behold, the restaurant had just run out of soup and Dwain did not like that one bit. He huffed and he puffed and asked if he could get a substitution or a discount. Nope. He couldn’t. “Free while supplies last” means just that, Dwain.

At first, he was very upset about it, but then he realized that his frivolous lawsuit idea had just been handed to him in plastic basket with wax paper. He ate his sandwich, sans soup, and went right back to his office where he drafted a demand letter to the restaurant. In that letter, he claimed that:

The menu is an offer for a contract by you. I accepted the offer. This action by you and I created a binding contract which is legally enforceable in court of law. You then breached the contract by not providing the soup as promised by you on the menu.

He went on to demand $2.25 in in damages and $250.00 in attorney’s fees and said if he gets no response in ten days, he will file the lawsuit. Dwain, now satisfied that he had in fact filed the most frivolous lawsuit in the history of North Texas, cuddled up in bed with a can of Pringles and watched reruns of Matlock.

The owner of Our Place Restaurant, Benji Arslanovski, shared the letter on his Facebook page to see what people thought about it. The image took off and spread across the Internet faster than Dwain moves when he sees free samples at Costco or hears that the BOGO sale is happening at Payless.


Dwain claims that he has received death threats because of the threatened lawsuit while Benji has seen nothing but support. In addition to that, Benji started a food drive, giving 10% of the bill to anyone who brings in a can of soup. Of course, the cans of soup are piling up in much the same way that Dwain piles on the bullshit when he’s trying to come up with a stupid fucking legal threat. Dwain is “probably not” going to follow through on the lawsuit, he says, because he fears that the cyber bullies may follow through on their threats. In reality, he probably realized how silly it was for him to file it in the first place and he wants to try to backpedal his way out of being the laughing stock of Mansfield, Texas. (“Too late,” said the 60,872 residents of Mansfield, Texas.)

And there you have it, folks: the latest news in the world of food service.


And here are screen shots of the letter in case Dwain comes to his senses and “demands” that the letter be taken down.


13 thoughts on “Attorney Sues Restaurant For Cup of Soup

  1. Alex Hoskins

    As much of an ignorant moron that fella Dwain comes across as being, Benji the owner comes across as a goddamn saint! Customer makes a stupid fuss so 1) he starts a soup drive 2) publicly states that he won’t put up with comments against the moron as it’s ‘not fair’ then 3) says that he’ll donate the same amount requested by said moron to charity.

    Seriously. Sainthood beckons.

  2. maude

    Look at that blithering little bitch. Cyber bullies, wahhh. If he wasnt completely shameless he would have the sense to be humiliated! I’m so glad he agreed to a news interview so everyone in that town will know which attorney to avoid! Fucking. Retard.

  3. Tyler

    Now I hate to play the devils advocate, specially to this dog shit idiot, but was the soup free? If yes, he’s a shit head. If no.. He should have had the 2.50 (or whatever amount) taken off, much as it leaves a bad taste in my mouth to say…
    He’s still a tool for doing all that though.

  4. Sharon

    “Our Place” is a locally owned and operated business. I live about 10 minutes from them. Mansfield is a nice place. But, one reason it is a nice place is businesses like “Our Place”.
    They are open for breakfast and lunch, 7 days a week. The owners and employees are nice, hard working folks. It is one of those great small businesses that provide a place for employees to be safe and make a decent salary. It also gives customers a place to meet with friends and have a good time. One reason we are all so outraged when someone like Mr. Downing does something like this is the fact he is not just attacking that business… he is attacking the community. But, he doesn’t really want to do it out in the open… as soon as the community finds out and he is exposed as a moron, he backs off.
    My pastor told me about this Sunday. I told him that I knew of some folks online who work in the service industry who would probably call him out on it and help him to understand what a bad idea this was. You did not let me down! Thank you!!!!!!!!!!!!!!!!!!!!!!

  5. Erika

    State bar associations should seriously penalize attorneys who use their training and license to extort and intimidate people. I know that’s tough to do in a profession that’s 90% extortion and intimidation to begin with, but surely there’s a line to be drawn somewhere. This is like the law professor in Boston who threatened the family-owned Chinese restaurant because they had the nerve to increase their menu prices to keep up with inflation.

  6. Alan

    He’s worried about cyber bullies???

    He should take a look in the mirror. Some bullies go to work daily in suits and ties and send threatening letters over stupid shit!

    1. Sharon

      You and I both know that is a cyber bully has enough money in his pocket, Mr. Downing would gladly represent him in court.


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