Update: Chef’s test results come back after bloody fingertip found in salad
Update posted Jan. 12, 7:15 a.m.
Tests came back clean, attorney says
–Test results have come back clean for a chef whose fingertip was found in a salad at the Paso Robles Applebee’s by Atascadero resident Cathleen Martin, according to her lawyer, Eric Traut.
The Applebee’s attorney claims that the chef cut off part of his finger while preparing the food, and didn’t tell the rest of the kitchen staff, so they continued preparing it, according to Traut.
More tests will be performed if needed, Traut says.
Original story posted Jan. 8
The Applebee’s location in Paso Robles. Photo from Google Maps.
Cathleen Martin of Atascadero found a fingertip in her Chinese Chicken Salad on Dec. 20, attorney says
–Cathleen Martin of Atascadero has filed a claim to Applebee’s in Paso Robles for finding a bloody fingertip in her Chinese Chicken Salad on Dec. 20, according to her attorney, Eric Traut of Traut Law Firm in Santa Ana, Calif.
“It was so gross,” Martin said in a statement. “I’m on pins and needles worrying about what my family might have been exposed to,” saying she was particularly alarmed because she is expecting her first child in March. Martin, her husband, and young child had all eaten from the salad before the bloody fingertip was seen.
Upon finding the bloody fingertip, the family then notified the restaurant who ID’d the fingertip as belonging to an employee at the location, her attorney says. A letter sent to the family from Applebee’s counsel nine days later indicated they would not require the cook to undergo any medical tests.
A photo of a fingertip allegedly found in a salad at the Paso Robles Applebee’s.
The letter reads:
I am writing to confirm our telephone conversation on Dec. 22, 2015, regarding the incident at the Applebee’s in Paso Robles on Dec. 20, 2015…Please have your doctor send me a letter detailing the tests he/she would like performed on the cook. As I explained to you, we cannot require the cook to undergo any medical tests or disclose the results, but we will certainly make every effort to get the information you need…
In response, Traut wrote:
This firm has been retained to represent this family in a claim for damages arising from emotional distress (and potentially contraction of disease) which were caused by the negligence of an Applebee’s cook who chopped part of his finger into a Chinese Chicken Salad. All three clients, including Cathleen who is pregnant, ate from the salad before realizing the partial bloody finger was in it. Attached is the photograph taken of the piece of finger after it was removed. There is no question of liability. Applebee’s is strictly liable for serving a foreign object, like a body part, to a customer.
The Martin family has been very patient in their effort to have the cook tested and to provide their physician with the test results. As time goes on, the situation is becoming more stressful for them. This will only increase the compensation to which each of them is entitled.
Your comment in the December 29 letter that, “We cannot require the cook to undergo any medical tests” should not preclude him from volunteering to undergo a full battery of tests and provide us with the results immediately. We cannot imagine he would not agree to it under the circumstances.
Please provide the following blood test results:
- Nucleic acid-based test (designed to identify the presence of a microorganism like HIV and Hep C)
- Blood, sputum, urine and stool testing must also be done.
Lastly, provide us with the name of the cook/employee and the nature of any available medical pay coverage via the Applebee’s insurance policy.
Traut said that, at this time, they are not seeking any monetary compensation for lost work, medical bills or pain and suffering. “It’s about peace of mind right now,” he said, explaining that the Martin’s, especially with Cathleen being pregnant, want to first know the results of the tests before any further action is decided upon. Traut said that the lawyer representing Applebee’s has been cooperative, and said that the cook will be asked to perform the tests and is expected to consent, given the circumstances. Traut said that the intent is to settle the dispute outside of court.
Traut has represented consumers in numerous similar cases where they have found foreign objects in food, including body parts. Traut has handled high-profile cases that have resulted in appearances on Good Morning America, Fox News, Court T.V., and ABC’s “Primetime.” “I’d like to think diners may go out without fear of finding something dangerous, anatomical, or biological in their meal,” said Traut.
Applebee’s corporate office did not return a call for comment.
