by New York City, NY — A New York City woman has filed a lawsuit against Chipotle Mexican Grill, DoorDash, and the delivery driver involved after claiming she bit into a rodent while eating a burrito bowl she ordered from the Upper East Side. The civil complaint alleges the incident caused physical and mental trauma.
Plaintiff Identified as Gia Bernhardt
The lawsuit, filed Monday in New York County Supreme Court, names 24-year-old Gia Bernhardt as the plaintiff. According to court documents, Bernhardt ordered a burrito bowl with chips and guacamole from Chipotle on January 11 through the DoorDash app. The complaint states the meal was prepared at the restaurant and delivered to Bernhardt for consumption.
Allegations of Rodent in Meal
Bernhardt claims that while eating the burrito bowl, she bit into a rodent hidden in the food, causing her “pain, shock and severe mental anguish.” The complaint alleges the injuries and their effects will be permanent.
Attorney Charles Gucciardo, representing Bernhardt, told reporters that she began vomiting after discovering the rodent, then went to the Chipotle restaurant, where staff allegedly told her the meal contained chicken. Gucciardo stated that physical evidence of a rodent, including ears, nose, and tail, indicated otherwise.
The complaint contends that Chipotle knew or should have known the meal posed a risk to the public but failed to warn Bernhardt. The presence of the rodent allegedly created an unreasonably dangerous condition.
Defendants and Legal Claims
The lawsuit names multiple defendants:
- Chipotle Mexican Grill, Inc. – accused of preparing and serving an unsafe product
- DoorDash, Inc. – named for facilitating the delivery
- John Doe – the delivery driver, allegedly delivering the meal in an “unsafe and unsanitary manner”
Bernhardt’s attorneys argue she was using the product as intended, yet suffered harm due to negligence by the defendants.
Company Responses
Chipotle responded in a statement, emphasizing that it strongly denies the allegations and will vigorously defend against the claims. Chief Corporate Affairs and Food Safety Officer Laurie Schalow said the company prioritizes health and safety and maintains industry-leading food safety practices across all locations.
Community and Legal Implications
The case raises concerns about food safety and delivery standards, particularly when meals are transported through third-party services. Legal experts note that outcomes could influence both restaurant liability and the responsibilities of delivery platforms in similar incidents.
Have you ever experienced a serious food safety issue with a delivery service? How should restaurants and delivery companies be held accountable?
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