Tennessee Man's Lawsuit Against Popeyes For Running Out of Chicken Sandwiches Goes to Trial

A lawsuit brought by a Chattanooga, Tennessee man over Popeyes Louisiana Kitchen running out of their popular chicken sandwich is moving to trial.

Craig Barr sued Popeyes in August after the chain ran out of their popular fried chicken sandwiches. On Monday, at trial date was set for January 8.

Barr is seeking $5,000 after allegedly experiencing emotional damages and wasted time. He also claims the company is liable for damage to his car, which was allegedly inflicted by driving back and forth to different restaurant locations while attempting to purchase the sandwich.

Popeyes first offered the sandwich, which consists of a fried chicken breast between a brioche bun with mayonnaise and pickles, for a limited time on August 12. A week later, the popularity of the sandwiches skyrocketed after the company began sparring with other chicken sandwich selling fast food chains on social media. The chain had expected to have enough for a six-week supply, but ran out of them within two weeks.

Barr was apparently devastated by his inability to buy the item, allegedly caused by the fast food chain's "false advertising" and a failure to live up to its promise. He says he went from one location to another in a fruitless bid to purchase the coveted sandwich, and claims it was never even stocked at any of the locations he frequented.

"You go to one location, they are like 'come back tomorrow," said Barr to WRCB. "I talked to managers who never even ate a sandwich they never even got a sandwich there never was a chicken sandwich at the East Ridge location."

In addition to the emotional distress Barr claims he suffered, damage to his car includes $1,500 of damage to a tire rim. He alleges one of the restaurant's parking lots is dangerous, and apparently perilously close to a sewer.

"There's one spot where your foot can go all the way down in the sewer," Barr said. "I mean you know someone could get hurt."

At the time he first brought the lawsuit, Barr painted a picture of a life seemingly turned upside down by an inability to buy the chicken sandwich.

"I can't get happy; I have this sandwich on my mind. I can't think straight. It just consumes you," Barr told the Chattanooga Times Free Press in August. "It's totally deceptive. Who runs out of chicken? It's a big fiasco. Someone has to stand up to big corporate. Everyone is captivated by these sandwiches. They've got everyone gassed up on them."

In addition to frantically travelling between different restaurant locations in an attempt to buy the sandwich, Barr also told the paper about a clandestine attempt gone wrong. He claims he was "scammed" after handing over $25 to a man who had advertised on Craigslist, claiming an inside connection for the sandwich.

As of Monday, Barr has yet to acquire one of the sandwiches. Popeyes plans to permanently put the item back on the menu on November 3. The Chattanooga man says he may attempt to buy one again, if he can "do it safely."

Popeyes Louisiana Kitchen
Craig Barr filed suit for $5,000 in damages after the fast food chain ran out of their popular chicken sandwiches in August. Joe Raedle/Getty