Page 13 - IAV Digital Magazine #540
P. 13

Customer Sues Jim's Burgers Over Mouse Found In Burrito
iAV - Antelope Valley Digital Magazine
By Nick Hytrek
SIOUX CITY -- A customer who says he found a mouse in his bur- rito at Jim's Burgers has sued the Sioux City restaurant for negligence.
Steven Miller says he ordered a burrito at the Jim's Burgers location at 2500 Gordon Drive on Feb. 12, 2020. After starting to eat the burrito, he said he discov- ered a mouse inside.
According to the lawsuit, the restaurant failed to "safely main- tain and sanitize the restaurant and follow food and safety stan- dards." Miller said he has suffered damages that include past and
future mental pain and suffering and past and future medical expenses and out-of-pocket expenses.
Miller is seeking a judgment in an amount to com- pensate him for
the damages. The lawsuit, filed Wednesday in Woodbury County District Court, did not place a dollar amount on the damages.
A photo of the mouse on Miller's
plate was posted on Facebook the day of the inci- dent and quickly went viral, draw- ing comments from social media users across the country.
The restaurant
voluntary closed for a day while the Siouxland District Health Department investigated the incident. Though health inspectors could not confirm with absolute cer- tainty that the mouse had been in the burrito, restaurant owners voluntarily deep cleaned the kitchen, discarded potentially con- taminated food and upgraded pest control efforts.
Jim's Burgers spokesman David Cruz released a statement at that time in which he said the incident was "bewildering" and employees were confused how it could have happened. Cruz said that after Miller reported the mouse, employ-
ees examined it and could not find any burn marks indicating it had been cooked or cut marks.
"With a mouse that size, it is incredibly unlikely that the cook would not notice it. ... We did not find anything even remotely close to suggest- ing as to how the mouse could have gotten inside," Cruz said.
Cruz said the workers apolo- gized to Miller and refunded his money.
Cruz could not be reached Friday for comment on the lawsuit.
Jim's Burgers operates two other Sioux City locations and one in Le Mars, Iowa.
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