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Owner will pay $40,000 verdict in urine-tainted food case

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By The Associated Press

Thursday, Jul 24, 2008 - 01:05:48 pm CDT

OMAHA — The owner of a restaurant that served food tainted by an employee’s spit and urine has agreed to pay $40,000 to a Sidney police officer and his family who ate the food.

A Cheyenne County jury awarded the money to Lt. Keith Andrew and his family earlier this month. The restaurant had served them food in October 2005 that a Taco Bell employee had urinated and spit in.

Initially, a spokesman for North Platte-based Mid Plains Food and Lodging, which owns the KFC/Taco Bell, said the company might appeal.

One of Andrew’s lawyers, Andy Snyder of Scottsbluff, said Thursday that the company and its insurer had decided to pay the judgment.

Snyder said his client is an investigator who doesn’t regularly wear a uniform, but the employee knew Andrew from years of contact with Sidney Police.

Snyder said more than half the staff of the restaurant had criminal records in October 2005, and the managers knew of prior instances of employees spitting or urinating in coleslaw.

The worker who prepared the tainted food for Andrew’s family was later fired for missing work.

The worker also pleaded guilty in March 2007 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.


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No taco bell wrote on July 24, 2008 12:50 pm:
" I love how it says the employee was fired for missing work. They would rather see you at work pissing in food than missing work. LOL! Taco Bell has seriously taken a downward spiral from what they used to be. Thank God for Amigos and Taco INN. "

 A wrote on July 24, 2008 1:02 pm:
" They must have clowns for management there if that kid didn't get fired for spitting in someone's food, creating a lawsuit, and turning thousands of customers away from their store forever.

I got fired for being 15 minutes late once! "

 amazed wrote on July 24, 2008 1:04 pm:
" Fired later for missing work? Why he/she not fired immediately for preparing food tainted with spit and urine? "

 sdm wrote on July 24, 2008 1:07 pm:
" Notice he was fired not for tainting the food but missing work. Headed that way next month for a wedding, I'll be sure to pack a food for my family. Not planning on eating anywhere in that town. Have even thought about checking to make sure our hotel isn't owned by Mid Plains Food and Lodging and changing reservations if it is. Hope some of the locals start boycotting places owned by Mid Plains food and Lodging. "

 Amy G wrote on July 24, 2008 1:38 pm:
" I would just like to say Thank the Lord for our police force and the work that they do. I hope that this is an exception not the rule as to what our law enforcement has to deal with. Bless you all!!!! "

 Scott wrote on July 24, 2008 2:56 pm:
" A $100.00 fine? Big deal. "

 Nick wrote on July 24, 2008 3:09 pm:
" must have been a heck of a sauce! My God, couldn't they tell something was wrong when they began to eat it? "

 DD wrote on July 24, 2008 3:32 pm:
" What do you want to bet the kids' parents are standing behind them. If my child was a part of such a thing, he'd be disowned. The ability to do such a hateful deed to another human being is sociopathic. "

 Janelle wrote on July 24, 2008 3:37 pm:
" That is really disgusting. It makes me not want to ever eat in any restaurant again.

Where was the manager while this was going on? "

 Unbelievable wrote on July 24, 2008 3:42 pm:
" First off, I can't believe that worker didn't get fired until later for missing work. I used to work at a food place and on a day I was off shift, my former manager fired a fellow cook for attempting to mess with someone's food right on the spot. She caught him before he put it into the oven and made him get rid of the tampered food and had him turn in his uniform right then and there--that's what a responsible manager should have done in this situation.

Also, just a $100 fine? I don't believe this individual learned a thing with only a $100 fine; maybe some community service would have done him or her some good... "

 MO wrote on July 24, 2008 3:55 pm:
" From previous reports of this, the officers children were also served tainted food and got sick after eating. I can't honestly believe they are only getting $40,000. They should own that restaurant because they should get so much money from them. Who is this families attorney and why would they allow them to settle for such a small amount. I am sure this man's kids will have a hard time trusting food from anyone but mom or dad. "

 kk wrote on July 24, 2008 4:36 pm:
" MO, the attorney didn't settle the case for that amount. That is what the jury decided it was worth. Honestly to get that amount in Nebraska is an outstanding job by their lawyer. "

 Verdict vs. settlement wrote on July 24, 2008 4:54 pm:
" MO, read the headling. It says this was a verdict. A "settlement" happens without a jury verdict - - it is voluntary and the parties agree to it, often before trial. A "verdict" is what a jury does after the parties can't settle. I find it interesting that KFC/Taco Bell wouldn't even agree to pay for the policeman's food. That is why there are trials - - because guilty people won't settle. "

 Imagine That wrote on July 24, 2008 5:02 pm:
" Sounds like the manager should maybe fired as well as a revamping of the intire staff and find people that might even care about what they are doing.
I think the whole fired later for missing work is a lame attempt at an excuse to save face for the employee and in my opinion that alone is why the managment should be fired as well,as if they had a clue how to deal with people. "

 JoBeth wrote on July 24, 2008 5:20 pm:
" You are hard pressed to find someone willng to work rotten hours in rotten condictions for minimum wage. You get what you pay for first of all. Where was the Manager? Probably doing the work of the five people that should have been on staff, but were cut to reduce cost and increase profit. "

 Just K wrote on July 24, 2008 5:58 pm:
" That is not enough money for the family. What if the employee had a disease that was transferable? Thru body fluids? They deserved much more. "

 sickening wrote on July 24, 2008 6:31 pm:
" They ought to pull this guys food license. "

 Eric wrote on July 24, 2008 8:36 pm:
" Sounds to me like the lawsuit was bogus. No one gets sick from urine. Heck in other parts of the world, they drink it. Sounds to me like someone was stroking the system and it wasnt the employee or employer. "

 different punishment wrote on July 24, 2008 10:49 pm:
" Let the people that took part in this eat bread and water for a month while in jail. Let them wonder what is in their food. $100 fine what a joke, try a lot more and community service cleaning sewers or something nasty. What a bs comment you get what you pay for. So now every low paying job we should excuse the actions of the workers. Goes back to how the kids were raised. Good procees and poor end result not the parents fault. Bad process and bad results.....Blame the parents and the kid. The whole mentality of the people that did this is what ails our country now. Just how do you fix it. "

 what a place wrote on July 25, 2008 12:06 am:
" My husband and I have been to this KFC/Taco Bell briefly a couple of years ago, just as a pit stop on the way home. One step into the restaurant and we turned around and found somewhere else. It was filthy! So horrible that this didn't merrit more of a severe punishment after what they put that family through. Makes you nervous about eating fast food again. "

 soccermom wrote on July 25, 2008 6:11 am:
" I guess I wonder why Taco Bell/KFC doesn't pull their franchise license. As for getting what you pay for maybe people should try having pride in what they do regardless of what their job is. It is called a work ethic. Unfortunately a lot of people, not just younger ones, don't have or are not taught a work ethic. "

 oak williams activist wrote on July 25, 2008 6:29 am:
" Later fired for missing work? Not initially fired for urinating/ spiting in SOMEONE'S food!?What a joke!! "

 Yup wrote on July 25, 2008 8:01 am:
" Oh Eric, have you ever heard of AIDS, Hepatitis to name a few? Just the pure thought of what was in the food that I ate would cause me to get sick. And I don't know what part of the world you are referring to, but most third world countries have rampant disease and thousands die every day. This family didn't get near enough for what they went through. "

 Slaeman wrote on July 25, 2008 11:14 am:
" I think he should have been send to jail for that. a $100 fine big deal I got a speedn ticket $120 for going over speed limit 9 miles. "

 only wrote on July 25, 2008 12:57 pm:
" NE has the most conservative jury's in the country when it comes to lawsuits (see statistics). In most states, the family would have been awarded well over 100,000. "

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