Cop Wins Lawsuit Over Tainted Taco Bell

Court Awards Neb. Man $40,000 After Urine, Spit In Food Caused Children To Become Ill

(AP)  A Sidney police officer and his family have won $40,000 from a restaurant that had served them food tainted by an employee's spit and urine.

In the lawsuit filed last year in Cheyenne County District Court, officer Keith Andrew and his wife said a Taco Bell employee urinated and spit in food served to them and their children in October 2005.

The lawsuit named North Platte-based Mid Plains Food and Lodging, owner of the KFC/Taco Bell.

A KFC spokesman, Rick Maynard, said KFC is committed to the highest levels of food safety.

"Our franchisee does not agree with the court's verdict, and they are looking at their legal options," Maynard said Monday.

The jury verdict was announced Friday.

In the lawsuit, the couple said their two sons, 4 and 7 at the time, became ill after they ate the food. The 4-year-old came "violently ill," the lawsuit said, with gastroenteritis and dehydration. The lawsuit said he vomited for hours and was forced to spend time in a hospital.

Other workers saw what Diedrich did, the lawsuit said, and reported it to management.

But the managers didn't inform the family, according to the lawsuit.

The lawsuit also suggested the family was the victim of a scheme that targeted police officers.

"Employees maintained 'special servings' of food reserved for ... officers," the lawsuit said. "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."

An attorney for the Andrew family, Andy Snyder of Scottsbluff, said the employee who fouled the family's food admitted tainting the food of another officer as well.

Snyder said the verdict did not specify exactly how the jury believed the restaurant was negligent, but managers didn't discipline the worker involved, Casey Diedrich.

Diedrich could not be reached to comment Monday. There was no listing under his name in Nebraska.

In March 2007, Diedrich pleaded guilty to violating the Nebraska Pure Food Act and was fined $100, according to Cheyenne County Court records. The prosecution was for the same incident described in the lawsuit.

In June 2007, a company spokesman said Diedrich was eventually fired for missing work but not for any of the incidents the lawsuit cited.

Snyder said Monday that the restaurant did a poor job of vetting its staff.

"I'd advise them to get a better class of employees," Snyder said.

[kweeenofsheba]

I am reporting abuse by the Taco Bell on University and Dean Road- I have been poisoned by this company and no one will help me....Please read on...

I was employed by Taco Bell on Nov. 2008. I appreciated my employment with Yum Brands and worked so diligently recieving awesome reviews from the customers each day. My GM was always adamant about cleanliness which is good but around the last week of February 2009, she began to ask me to clean with bleach as well as the regular chemicals used in Taco Bell restaurants such as dazzle, sanitizer, window cleaner and various other chemicals. She told me to keep the bleach in my car and use it by taking a cup to my car, pouring the bleach in the cup and bringing it into the store, since Taco Bell does not allow bleach in their stores. Everyday she pushed me to use bleach although I began to become ill from the fumes. She instructed me to get on my hands and knees and clean bathrooms and tiles with the bleach and other chemicals. I began to experience dizzy spells, migrains, coughing, sore throat, blurred vision and other symptoms condusive with chemical poisoning-she continued to require that use the bleach. I expressed to My night manager, Marvin that i was becoming ill and he even had to cover for me sometimes. I also told Laura, another manger that I could not continue to do this hazardous cleaning due to my health! I told Laura the assistant manager this on during the week of March 27th, 2009. Three assistant managers and employees knew Lorraine (the GM) was asking me to use the bleach because they could smell it. Lorraine told me that she was "not allowed to have bleach in the store, but that she wanted her floors as white as possible and her tiles and bathrooms cleaned with the bleach and other chemicals, she said get on your hands and knees and do it Sheila!" And the manager Assistant, Laura witnessed and heard her tell me this-when the GM Lorraine left that day- Laura called her boyfrienda and told him about the abuse- I overheard the conversation and began to speak with Laura about the situation. Lorraine, my GM really made me feel as though my job was endangered if i did not use this straight clorox bleach along with other chemicals. I often expressed to Marvin, my evening shift manager, that I was so stressed out about Lorraine's demands, the chemicals were making me ill, but I was afraid of losing my job if I did not do what Lorraine said. Jihan, (one of the evening managers) witnessed me having to clean baby chairs, garbage cans late at night, after the dining room closed outside when it was cold with the bleach. I am praying that all of these employees will be honest and tell the truth! On Friday March 27, I became very ill had a dizzy spell and twisted my ankle. It was during a busy lunch shift, so Stacy the manager on duty did not file an incident report- she pretended she did not have time-so I waited for my daughter to help me home and we called Red Taco to file a report and a complaint. James, Lorrain's district manager treated me very rudely but told me to go to the Centra Care in Waterford Lakes on Monday-March 30,2009. The doctor on duty diagnosed me with a severe sprained ankle, possible poisoning from prolonged use of chemical exposure, headaches- instructions-no walking standing etc. He referred me to a nuerologist, ASAP! It's now Friday and Andrea from Gallagher And Bassett, the workman's comp firm-only spoke with me once after I contacted her early Wednesday morning. April 1, 2009. Andrea was very rude to me- she recorded my statement of events-said she would let me know within a short time if they would pay for anything. It's friday and I haven't heard from Andrea on anyone else from Taco Bell at all. I am ill, this has placed my household in a severe crisis situation- I went to Liheap for help with my lights with no results. My back is against the wall! I have no income at this time- my husband is disabled. And I think my treatment by Taco Bell is deplorable.

Sincerely,
Mrs. Williams

[whiskyrocker]

This kid need''s to get a taste of his own medicine. No pun intended.

[deacon20081]

I had a friend in New Mexico that was served a "Shake" with a curious lump he though was ice cream, turned out to be a Mouse. Yumm

[radman5000]

Gee honey this doesnt taste like chicken

[libsluv2spit]

When I''''m at a restaurant and I''''m not happy I do send the food back, but never accept any replacement. Never can tell.

Posted by SgtRDS10-4 at 06:04 PM : Jul 15, 2008
+ report abuse

****

man! you are a whinner on all levels..

[libsluv2spit]

a liberal working in taco bell..no suprise

[whiskyrocker]

If that was my kid''s getting sick from this sick a$$hole I''d be looking for some serious payback.Use your imagination.

[sgtrds10-4]

When I''m at a restaurant and I''m not happy I do send the food back, but never accept any replacement. Never can tell.

[halagan1]

Formerly of Sidney I can tell you that this is normal behaviour for someone of the Diedrich family. Casey was probably congratulated by his brothers; probably did it as an attempt to outdo one of them. Someone I know worked there briefly and this happened while she was there. She reported it as it happened and all they did was make the employees prepare fresh food. I ate in that establishment once and will never set foot there again; not just because of the employee behavior but because of the filth.

[rushlimpdrug]

This explains the sneeze/splash guard.

[laura552]

It is totally disgusting, that someone would do that
to another, that employee was one sicko. He should be
fired. If I was the manager he would have been fired
immediately.The cop and his family should get 200k, not a measely 40k.

[snapper4298]

Stink Outside the Bun

[rushlimpdrug]

Cop to cashier, "This taco tastes funny"

Cashier, "I''m sorry officer we forgot to spit in it"

Cop, "That''s more like it"

[mlissab]

Haven''t you seen the movie "Waiting". This is the entire plot line, what goes on in the kitchens and back-rooms of restaurants run and staffed by teens and twenty-somethings or people with no other marketable skills.

I have always been fairly decent to wait staff because of friens/family who have worked in the field at one time or another however; people who have posted here are correct. If you don''t like what you get, be very careful how you send it back and be prepared for what you get brought back to you.

A lot of how you are treated is a reflection of how you behave. Not all people in the kitchens are this demented.

[amateurradio]

I would hope that the local police department now provides "special patrols" for that eatery - complete with FULL safety checks of ALL vehicles going there, checks of legal status, drug and alcohol checks, etc - on a four-time-a-day basis ... until the place goes under. I have NEVER seen a vehicle that could not be ticketed or impounded for SOMETHING.

[rushlimpdrug]

Urine and spit?

What did they order?

Think cops should stick to donuts.

[squidly8]

Do NOT ever send your food back to the kitchen because it isn''t the way you like it. Eat it the way it is, let it show in the tip and then never go back to that restaurant.

If you send it back, the cook is going to be ticked off and who knows what will be done to your food prior to you getting it back.

So the meth head in the story gets sick and goes to the ER and ends vomiting on a nurse or doctor. I guess he should feel he has it coming if they "delay" his treatment for a while. Or maybe the cop will take his time responding to his 911 call or the ambulance driver might drive a little slower after his heart attack.

The idiots that do this might want to think ahead a little but then again maybe that is the reason they are pushing chalupas

[magoo2u1]

The pathetic jerks that were involved in this didn''t evaporate. They are still on planet earth and were never punished for their actions. In fact , they think it''s all so funny. Where do they work now? in cafeteria of the hospital where your mother is having surgery? Your kids school ? Not so funny when you give it a little thought.

[xxunknown]

seriously...doesnt it make you never want to eat out again? Ewwww.

[fedup_w_pols-2009]

Funny when the cops mistake your house and raid it tearing the place apart no one holds them to account for their actions or gives the victims of the raid any money for their trauma incurred due to the police or for repairs. The just say oh well we followed protocol and the tip turned out to be wrong or we had the wrong house. No big deal right?