Lettuce talk about food safety: What recent cases mean for employers

What Jannica Church was expecting to be a normal visit to Arby’s turned into the beginning of her development of herpes. What many customers were expecting to be a normal Taco Bell experience ended up leaving them with explosive diarrhea. While these recent food safety cases could be blown off as everyday headlines, they actually provide insight for restaurants and other food-related businesses on the importance of proper hiring and employee training. Employers should take the information learned from these recent cases and use it as a lesson on the significance of complying with federal, state, and local food safety regulations.

Spitting in food

Oklahoma resident Jannica Church visited a drive-thru Arby’s on March 28 to get food for herself and her family. However, shortly after eating the food, she tested positive for Type 1 of the herpes simplex virus (HSV-1), which is a highly contagious virus spread by oral contact. She and the rest of her family then sued Amanda Hendricks, the manager of the Arby’s restaurant they visited. 

Church alleges that Hendricks, who was aware of her own active HSV-1 infection, spread the virus to her by spitting in the food she ordered from Arby’s. On May 4, Hendricks was arrested by local authorities and charged with poisoning food or medicine with the intent of injury. Church and her family further allege Hendricks is liable for battery, infliction of emotional distress, and negligence.