>>1388774McGhee contacted the Albion Department of Public Safety, which sent police to investigate and take a DNA sample from the food, according to the lawsuit.
Stovall denied spitting in the food but made several contradictory statements when speaking to the investigating officer, according to a police report included in the lawsuit.
Stovall told police he noticed something that looked like water in the food, but was in too much of a hurry to do anything.
Stovall also told police he might have accidentally sneezed in the bowl while preparing the food. However, police obtained a sample of Stovall’s DNA through a search warrant and confirmed a match with the alleged spit in the food, the suit claims.
“What occurred was a disgusting, vile act that should not happen to anyone,” said Hamilton, a lawyer representing McGhee. “My client can’t just go into a restaurant any more and order food and feel comfortable.”
The lawsuit seeks a judgment in McGhee’s favor of at least $5 million for emotional distress, mental anguish and financial losses. The suit contains six counts, accusing the defendants of assault, battery negligence, intentional infliction of emotional distress, products liability, breach of implied warranty, and negligent hiring, retention and supervision.
Hamilton said the $5 million demand reflects the seriousness of the emotional distress inflicted on McGhee, especially in a post-COVID world where such things can cause severe illness.
It is unknown if Stovall is still employed with Taco Bell. Representatives from Border Foods could not be immediately reached for comment.
McGhee remains a sheriff’s deputy, her lawyer said.
Stovall also faces a felony charge of violating food law stemming from the incident, according to court records. He is set to appear before Circuit Judge John Hallacy Aug. 5 to begin a jury trial.
An effort to speak to the public defender representing him in the criminal case was not immediately successful.
