A South Jersey cop sued the Good Foods to Go deli in Marlton, and former deli employee Ryan Burke, after finding body and pubic hair in his bagel sandwich. The cop is seeking unspecified damages in the contaminated food lawsuit.
Jeremy Merck, a 30-year-old cop, was eating a egg, turkey, and cheese sandwich at the deli when he noticed some hairs in it, reports The Philadelphia Inquirer. Merck went to the hospital immediately and brought along the hairs for testing. The hair was tied to Burke.
After questioning the deli employee, the man confessed to sticking his chest and pubic hairs into the sandwich, reports the Inquirer. Apparently, Burke had a run-in with Merck in the past when Merck gave him a driving citation.
Burke was immediately fired and arrested for his actions. Good Foods to Go say that its employee acted way out of the scope of employment and that the deli had nothing to do with the act.
Nevertheless, Merck has sued both the deli and Burke for personal injuries. While Burke's liability is obvious, Merck says that the deli should also pay because it failed to keep its shop safe for customers, failed to properly examine its food, and failed to train and supervise Burke.
Merck's attorney argues that the deli is essentially strictly liable for contaminated food. So, just the fact that Merck had body hair in his sandwich made the deli liable. That means that even if the deli was careful in inspecting and serving its food, it would still be liable.
On the other hand, attorneys for the deli say that it should not be held liable for the criminal acts of one employee whose actions were completely out of the scope of his job duties.
Whether Jeremy Merck will collect damages will likely depend upon how a jury views the actions of Ryan Burke. Making sandwiches is clearly within the scope of his job duties, but intentionally serving contaminated food clearly is not.
Related Resources:
- Find a Philadelphia Personal Injury Attorney (FindLaw)
- Evesham officer sues over body hair in sandwich (Asbury Park Press)
- Premises Liability FAQ (FindLaw)
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