Legal Question in Criminal Law in Wisconsin

Got spit on and in my mouth in drive-through

I was going through the drive-through at taco bell and the cashier argued with me over my order. There were missing items. I then asked for the items and she said they gave them to me, but they were not in the bag. Then she replied I'd need to pay for them. And I already paid for them. I have a receipt. So I then asked for money back and she got cocky and refunded the money, but then she spit on me and in my mouth! I called the cops and had her arrested. What is the next measure to take? Is there a possible lawsuit? It was violating and gross!!!


Asked on 8/14/08, 2:48 am

1 Answer from Attorneys
Brian Brophy Sipsma, Hahn, & Brophy L.L.C.

Re: Got spit on and in my mouth in drive-through

As this was at the drive-through there is a good chance it was captured on video-tape. Taco Bell will likely have a corp. policy to re-use the video loop absent a demand to preserve it.

You may have a number of civil claims - the real question is whether you have a claim that's worth pursuing. You have a claim for Battery against the employee, what needs to be discovered is whether you have a claim against Taco Bell (Pepsico.) for negligent hiring, training or supervision of that employee.

I'd be happy to discuss your case with you.

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Answered on 8/14/08, 10:00 am


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