Memphis attorney bit off part of man's nose in restaurant scuffle

Dec 17, 2009 11:06 PM EST

Updated: Dec 18, 2009 12:41 PM EST

Janice Broach 

MEMPHIS, TN (WMC-TV) - A Memphis attorney has admitted to biting off part of a man's nose during a confrontation at a popular Midtown restaurant.

According to a lawsuit filed by Greg Herbers, Mark Lambert bit off and swallowed part of his nose during a dispute last June at Dish on South Cooper Street.

Lambert is a trial attorney with the Cochran Firm.
   
The incident at Dish began in the men's room when Herbers became annoyed because the urinal and stalls were occupied.

Herbers says two men were together inside the same stall. He says Lambert carried on a conversation with the pair while he used the urinal.

Herbers says he asked the men to vacate the stall because they were not using the toilet. He said the pair refused, at which time Lambert began yelling obscenities and showing aggression towards Herbers.

Herbers says Lambert then pushed and grabbed him and bit off part of his nose.

According to Herbers, Lambert and the other two men fled the scene.

Herbers says he called police and was transported to an area hospital.

In the complaint, Herbers claims he suffered permanent disfigurement to his nose and face and will need plastic surgery and possibly a prosthetic nose.

The police report says Herbers entire left nostril was missing. 

In a phone interview with Action News 5 Thursday, Lambert said he only acted in self-defense after Herbers physically assaulted him for no reason. 

And while he admitted to biting off part of Herbers' nose, Lambert says he didn't swallow it, but spit it out.

Herbers is asking for $5 million in punitive damages. It's not clear why he waited several months to file the lawsuit against Lambert.

Herbers was not reachable for comment.

 

LINK TO VIDEO

 

http://www.wmctv.com/Global/story.asp?S=11697474