PADDOCK LAKE – Employees of a Paddock Lake McDonald’s were aware one of its soda machines had worms in it before a woman found one floating in a drink she was served, according to class-action lawsuit filed against its Illinois-based operator.
Attorneys for Trial Lawyers of Wisconsin, in Milwaukee, filed the lawsuit in Kenosha County against McEssy Investment Co., the operator of the McDonald’s at 25555 75th St., on May 27.
The case was born out of a complaint by a customer who claimed she found a worm in her drink during a recent visit to the eatery.
Her claims were supported by employee statements that were documented by the Kenosha County Health Department, as well as findings contained in the department’s inspection records, said Robert J. Welcenbach, an attorney for plaintiffs Jazmyne Gurske, James Crittenden and J.C., a minor child.
“Some customers noticed there was a smell coming from their drinks, other customers noticed that … there was a bad taste,” Michael Karp, another plaintiffs lawyer, said at a June 3 press conference. “Others were horrified to find out there were live worms floating around inside their cups.”
Attempts to contact Lake Forest, Illinois-based McEssy Investment Co. were unsuccessful. A person who answered the phone at the restaurant hung up when the Milwaukee Journal Sentinel called for comment.
XYZ Insurance Company and Angel Stec also are named as defendants.
Gurske posted on a local Facebook group in April after finding a worm in a large Sprite she ordered at the Paddock Lake restaurant.
“How does his even happen!?” she wrote in the April 26 post. “I’m extremely angry and disgusted, my child drank off of this before we noticed it was in it.”
Two other customers who did not know Gurske saw the post and commented with their own pictures, saying they had similar experiences.
Kenosha County health officials went to the restaurant the next day and inspected the property.
A copy of the report obtained by the Journal Sentinel showed management was aware of the complaints and had already noticed worms coming from a sewage receptacle under the drive-thru soda/ice machine the previous weekend.
Tiles underneath the machine were severely damaged, the report states.
Restaurant employees discontinued using that machine and contacted pest control, which serviced the store on April 27, the report said. Employees used a beverage machine in the dining area in the meantime.
A health officer also noted in the report that recent flooding may have caused a failure in the floor drain and tiles, potentially allowing water to back siphon into components of the machine.
Management said they hired a pest control company to service the area. Tile repairs were expected to be completed soon.
Chris Ramirez covers courts for the Milwaukee Journal Sentinel. He can be reached at caramirez@gannett.com.
This article originally appeared on Milwaukee Journal Sentinel: Operator of Paddock Lake McDonald’s sued for having worms in its sodas
Reporting by Chris Ramirez, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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By Chris Ramirez, Milwaukee Journal Sentinel | USA TODAY Network
