According to reports, Herbers, 48, is suing Lambert claiming he will require plastic surgery and possibly require a prosthetic nose over the damaged area, and his sense of smell is impaired since the incident. Herbers, a self-employed hairstylist, also alleges that Lambert swallowed the bitten off portion of his nose during the altercation. According to an interview with WCM-TV, Lambert, employed by The Cochran firm, denies that he swallowed Herbers’ nose and instead claims that he spit it out. WCM-TV reported that a police report of the incident states that Herbers' entire left nostril was bitten off.
According to reports, the incident occurred last June and started when Herbers entered the bathroom of the restaurant and discovered that the urinals and stalls were occupied. Herbers claims that one of the stalls was occupied by two men who were ''performing some activity other than going to the bathroom.'' He asked them to vacate the stall so he could use it. He claims the two men refused to leave the stall. According to Herbers, Lambert began shouting profanities at him and then shoved him and bit his nose. Herbers claims that Lambert and the two men fled the restroom after the incident. However, according to a statement that Lambert made to a TV station, he ''acted in self-defense and Herbers attacked him.'' According to the lawsuit, ''Lambert grabbed Herbers' head and bit his nose, taking off a portion of the body part.
According to Herbers' attorney, Mark Benfield of the law firm Bailey and Benfield, Herbers is seeking ''up to $7.5 million in punitive and compensatory damages to make up for the medical bills, lost wages and emotional distress brought by this incident.'' Benfield also stated that the lawsuit was not filed until recently because ''Herbers did not know Lambert's identity.''