A Chattanooga man will take his lawsuit against Popeyes Louisiana Chicken to trial. 

On Monday, Craig Barr and David Barry, a representative for Popeyes, appeared in General Sessions Court.

It comes after Barr filed a lawsuit against the fast-food chain for running out of the new chicken sandwich back in August. 

In the lawsuit, Barr is asking for $5,000 in damages. 

He claims Popeyes engaged in false advertising and deceptive business practices. 

"You go to one location, they are like 'come back tomorrow," Barr said. "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."

It's not just about the sandwich, Barr said. 

He said it's also about the damages done to his vehicle in the parking lot of the Popeyes off Brainerd Road. 

He brought pictures to court Monday. 

"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."

Channel 3 visited the Popeyes on Brainerd Road Monday, the damage in the parking lot was still visible. 

Barr said they will go back to court in January. 

Meanwhile, Popeyes is expected to bring back the chicken sandwich permanently on November 3. 

As of Monday, Barr still hasn't tried the sandwich. 

When asked if he will try to buy a sandwich in November, Barr said 'If I can do it safely."

The trial date has been set to January 8.