Lawsuit alleges Taco Bell employee spit, urinated in food
Posted: Friday, June 22, 2007
LINCOLN (AP) -- Members of a Sidney family say a fast-food dinner they were served in 2005 contained far more than what they ordered.
In a lawsuit filed Thursday in Cheyenne County District Court, Sidney police officer Keith Andrew and his wife allege that a Taco Bell employee urinated and spit in food served to their family in October 2005.
The complaint was filed against North Platte-based Mid Plains Food and Lodging, owner of the KFC/Taco Bell.
A company spokesman, Jeff Moore, said the company has not seen the lawsuit so could not immediately comment.
The lawsuit says the couple's 4-year-old son became "violently ill" with gastroenteritis and dehydration the day he ate the food, vomited for hours and was forced to spend time in the hospital. Another son, 7 years old at the time, also became ill, the lawsuit says.
Managers of the restaurant were aware of the contamination at the time the Andrew family was eating but didn't inform the family, according to the lawsuit filed by Scottsbluff-based attorney Maren Chaloupka. The lawsuit suggests the family was the victim of a scheme that targeted police officers.
"Employees maintained 'special servings' of food reserved for ... officers," the lawsuit says. "The 'special servings' had been urinated in or spit in by KFC/Taco Bell employees. In fact, defendant's employees maintained a particular serving pan for use in creating 'special servings' of food plus employee urine."
The lawsuit says management was well aware of the scheme aimed at officers before the Oct. 28, 2005, incident with the Andrew family, "but did nothing that could be reasonably calculated to protect its customers from this practice."
The employee accused of urinating and spitting in the Andrew family's food, Casey Diedrich, could not be reached to comment. In March of this year, Diedrich pleaded guilty to violating the Nebraska Pure Food Act and fined $100, according to Cheyenne County Court records. The prosecution was for the same incident described in the lawsuit, according to Chaloupka.
Other workers saw what Diedrich did, the lawsuit says, and reported it to management.
But despite knowing Diedrich contaminated the food, management did not discipline him, and he was allowed to work at the restaurant for at least two more months without special supervision, the lawsuit alleges.
The company spokesman, Moore, said Diedrich was eventually fired for missing work but not for any of the alleged incidents the lawsuit cites.
No complaints of possible food contamination prompting state inspections were levied against the restaurant around the time of the October incident described in the lawsuit, according to the state Department of Agriculture, which conducts investigations. The last inspection of the restaurant, conducted three months ago as part of a regular inspection schedule, turned up only minor, routine violations, such as having a mop in dirty water.
Damages allegedly suffered by the family and outlined in the suit include: past and future physical and mental harm; $1,190.44 in medical expenses; and future medical expenses.
In a lawsuit filed Thursday in Cheyenne County District Court, Sidney police officer Keith Andrew and his wife allege that a Taco Bell employee urinated and spit in food served to their family in October 2005.
The complaint was filed against North Platte-based Mid Plains Food and Lodging, owner of the KFC/Taco Bell.
A company spokesman, Jeff Moore, said the company has not seen the lawsuit so could not immediately comment.
The lawsuit says the couple's 4-year-old son became "violently ill" with gastroenteritis and dehydration the day he ate the food, vomited for hours and was forced to spend time in the hospital. Another son, 7 years old at the time, also became ill, the lawsuit says.
Managers of the restaurant were aware of the contamination at the time the Andrew family was eating but didn't inform the family, according to the lawsuit filed by Scottsbluff-based attorney Maren Chaloupka. The lawsuit suggests the family was the victim of a scheme that targeted police officers.
"Employees maintained 'special servings' of food reserved for ... officers," the lawsuit says. "The 'special servings' had been urinated in or spit in by KFC/Taco Bell employees. In fact, defendant's employees maintained a particular serving pan for use in creating 'special servings' of food plus employee urine."
The lawsuit says management was well aware of the scheme aimed at officers before the Oct. 28, 2005, incident with the Andrew family, "but did nothing that could be reasonably calculated to protect its customers from this practice."
The employee accused of urinating and spitting in the Andrew family's food, Casey Diedrich, could not be reached to comment. In March of this year, Diedrich pleaded guilty to violating the Nebraska Pure Food Act and fined $100, according to Cheyenne County Court records. The prosecution was for the same incident described in the lawsuit, according to Chaloupka.
Other workers saw what Diedrich did, the lawsuit says, and reported it to management.
But despite knowing Diedrich contaminated the food, management did not discipline him, and he was allowed to work at the restaurant for at least two more months without special supervision, the lawsuit alleges.
The company spokesman, Moore, said Diedrich was eventually fired for missing work but not for any of the alleged incidents the lawsuit cites.
No complaints of possible food contamination prompting state inspections were levied against the restaurant around the time of the October incident described in the lawsuit, according to the state Department of Agriculture, which conducts investigations. The last inspection of the restaurant, conducted three months ago as part of a regular inspection schedule, turned up only minor, routine violations, such as having a mop in dirty water.
Damages allegedly suffered by the family and outlined in the suit include: past and future physical and mental harm; $1,190.44 in medical expenses; and future medical expenses.
Story Comments
Read More and Post Comments 6 comment(s)
Please note: The following are comments from readers. In no way do they represent the views of The Sioux City Journal or Lee Enterprises. We will not edit or alter your comments, but we do reserve the right to not post or to remove comments that violate our code of conduct. No comment may contain potentially libelous statements; obscene, explicit or racist language; personal attacks, insults or threats. Terms of Service
El wrote on Feb 2, 2009 1:55 PM:
Mike Huber wrote on Jul 24, 2008 11:51 PM:
www.officer.com/online/article.jsp?siteSection=1&id=42336 "
R Dudley wrote on Mar 4, 2008 6:34 PM:
Asifneone cares wrote on Feb 11, 2008 6:01 PM:
likeitmatters wrote on Jun 25, 2007 1:15 PM: