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Lawsuit says worker’s blood contaminated food

A decidedly unhappy meal at a Las Vegas McDonald’s led a Clark County man and his wife to file a lawsuit against the corporation after the husband was served food he said was contaminated with an employee’s blood.

Las Vegas attorney Patrick Driscoll filed the lawsuit on behalf of Doug and Melinda Henke. The complaint alleges McDonald’s breached its duty of “implied warranty of merchantability,” meaning the restaurant on Las Vegas Boulevard did not meet the Henke’s “buyer’s expectation” of a meal free from contaminants.

The lawsuit did not specify the restaurant’s location.

According to the lawsuit, Doug Henke was roughly halfway through his meal when he noticed blood on his hands, his food and his tray. He initially thought the blood was his own; but after determining he was not cut, the Henkes spoke to the restaurant manager.

An inspection of the employees revealed one worker who handled at least part of the order had an open wound on his hand, the lawsuit states.

Doug Henke then called the Southern Nevada Health District.

The lawsuit claims the manager dismissed the employee for the day before a representative arrived. The health district employee reportedly found a second worker with an open wound on his hand, according to court papers.

David Martinelli, a regional marketing director for McDonald’s, said he had not received a copy of the lawsuit, filed Monday in District Court.

“Rest assured, we take matters regarding food safety and quality extremely seriously and investigate all claims, to gather the facts,” he said in a statement. “Beyond that, it would be inappropriate to further comment or speculate.”

The lawsuit further alleges the incident constituted gross negligence and demonstrates the restaurant engaged in “negligent hiring, training and supervision practices.” The lawsuit does not claim either Henke has experienced health issues connected to the incident.

Contact Doug McMurdo at dmcmurdo@reviewjournal.com or 702-380-8135.

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