Little Rock customer sues Buffalo Wild Wings

LITTLE ROCK - (KATV) A judge will hear the case of a restaurant customer suing over an employee who he says, spit in his meal. The employee is no longer with Buffalo Wild Wings but that is not who the customer is suing.

The customer was in uniform, at the time he was a Little Rock Police officer. On September 11, 2012, Officer Rian Heck filed a police report. He stated there was clear mucus looking substance with tiny bubbles on two pieces of his chicken.

A manager with Buffalo Wild Wings on Cantrell confirmed David Mann, 28, was caught on camera spitting on the food. It happened in the kitchen.

Josh Gillispie is Heck's attorney. He is with the Chad M. Green Law Firm. The Law Offices of Gary Green is also working on the case. Gillispie says, "Obviously diseases and infections can be transferred through ingesting someone else's spit."

Gillispie says his client continues to suffer from mental anguish. They're seeking compensatory and punitive damages. "We have been open to a reasonable settlement throughout and just haven't gotten very far with Buffalo Wild Wings."

In court documents, Gillispie states Buffalo Wild Wings did not hire a qualified employee; they were negligent and chose not to properly supervise him.

Buffalo Wild Wings responded and "Deny the allegations that David Mann was acting within the course and scope of his employment to the extent he spit in the plaintiff's food."

Gillispie concludes, "You should be able to go into a restaurant and not have to worry about something like this happening."

A spokesperson for Buffalo Wild Wings tells Channel Seven they don't tolerate any action that would compromise the quality and safety of their product and they cannot comment on pending litigation.{}

The trial is in March in Pulaski County. If a settlement is reached, details will remain confidential.