Food lawsuit: Can a fly in salad cause illness? Can an e-mailer be sued for defamation?

A guy goes into a restaurant in Aurora, Ill., and says, “Waiter, there’s a fly in my salad.”

The guy has a burger instead and the restaurant, Walter Payton’ Roundhouse, picks up the bill.

The guy then goes home and sends an e-mail to some 300 people, stating,

“Health Warning:  The Kane County Health Department will be conducting an on-site inspection of Walter Payton’s Roundhouse after several complaints about flies within meals. Please stay away until the Kane County Health Department issues their official findings.”

The Health Department apparently investigated the incident and found a small number of fruit flies around the bar.

Last week, America’s Brewing Co., which owns the restaurant, sued the guy for defamation, seeking more than $100,000.

Arby’s condiments and insects

Evan Mitchell, another ex-pat Canadian living in Manhattan (Kansas) writes that last night, he and the wife had a biological urge …  for something cold (Kansas is humid in the summer).

Our house is within walking distance of Arby’s, and with their current “happier-hour” promotion (50% off all drinks), we couldn’t resist. After receiving our shakes, we needed straws which where located by the condiment stand. It was at this time that we almost barfed and our perceived hour of happiness was no longer happy.

Arby’s has a killer condiment stand. For no extra cost, one could triple pickle their roast beef melt; a true American deal that doesn’t exist in Canada. Although I’m a fan of sharing such luxuries with others, part of the ‘go green’ and don’t waste philosophy, I limit that selection to members of the human race; that means no bugs. The containers of pickles, peppers, onions, lettuce, olives, etc., were all occupied by little feasting winged insects. Although eating from a dish that has been uncovered and exposed to however many other bodily fluids (and stuff) in a day is gross, I was still disgusted and a little mortified by the sight.

Arby’s, that was gross.
 

Would you like flies with that?

Although it’s winter in New Zealand, back in North America it’s summer, and summer means flies. I distinctly remember eating dinner at my camp with sticky fly traps (pictured right) hanging above the dinner table, dead flies stuck to it, daring to drop onto my cob of corn.

Chicagobusiness.com reports that Dunkin’ Donuts on West Madison St. has had its food license suspended after a recent inspection reported a fruit fly infestation.

The Department of Public Health had cited the Dunkin’ Donuts on June 8 for the health code violation and gave the restaurant management a week to correct the problem. A follow-up inspection on Monday found “dozens of fruit flies” in the kitchen and dining area…

The location also was cited for a poorly maintained and overflowing garbage bin and gaps in its front door that were large enough to allow rodents and insects to enter the premises.

The restaurant will face a fine that could total $1,000 and will be required to appear at an administrative hearing on July 23.

Restaurant inspection results for Chicago are available online, found here or here, with the latest inspection for Dunkin’ Donuts showing as a pass in October, 2007.