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A woman from New York City has initiated a lawsuit against Chipotle, DoorDash, and the delivery driver who brought her meal, claiming she discovered a rodent inside the chicken burrito bowl she ordered.
According to a civil complaint filed on Monday in the New York County Supreme Court, 24-year-old Gia Bernhardt placed an order on January 11 from the Chipotle located on Third Avenue in the Upper East Side, nestled between East 84th and 85th streets.
After her order was delivered by a DoorDash driver, Bernhardt allegedly took a bite into her meal, encountering what she described as a rodent, which led to “severe bodily injuries,” as detailed in the complaint. This incident was initially reported by The Independent on Tuesday.
The lawsuit does not detail the specific injuries Bernhardt claims to have suffered, but it mentions that the incident caused her “pain, shock, and severe mental anguish.” It further claims that the effects of these injuries will be lasting, necessitating medical treatment and impairing her ability to perform usual activities.
Bernhardt’s attorney, Steven Vaccaro, informed PIX11 News that she “immediately became sick” and vomited after allegedly biting into a piece of the rodent.
According to Vaccaro, upon returning to the restaurant with the burrito bowl, Bernhardt spoke with the staff, who purportedly attempted to persuade her that the item with “ears, nose, and tail” was, in fact, chicken.
They then threw away the alleged rodent, Vaccaro said, while his client went to the hospital for testing and treatment.
Bernhardt is seeking unspecified compensatory and punitive damages from Chipotle, DoorDash and the “dasher” identified only as “John Doe.” She alleges their negligence subjected her to “unreasonably dangerous condition[s],” and that she has sustained losses as a result of the incident.
“We strongly deny the allegations in this complaint, and we will vigorously defend ourselves against these claims,” Chipotle’s Chief Corporate Affairs and Food Safety Officer Laurie Schalow said in a statement. “The health and safety of our employees and guests is our highest priority, and we have industry-leading food safety practices in place across our restaurants.”
In 2020, four workers at a Washington Heights location of the fast casual chain claimed they needed to kill dozens of rats that were eating the avocados at the restaurant.
Last year, a Chipotle in New Haven, Conn. voluntarily shut down for a period due to a “rodent control” issue. The company blamed the situation on the location’s landlord.