A bat sandwich has legal consequences...

Preacherman · December 19, 2002, 08:16 PM

Can you imagine a mind sick enough to do this???

From the Jackson Sun (http://miva.jacksonsun.com/miva/cgi-...00212194484257):

Bat burger prank leaves a bad taste
By CHUCK ROSS
Dec 19 2002

LEXINGTON - A practical joke Tuesday night sent a local man to the emergency room, after he bit into what he thought was a burger. It turned out to be a bat sandwich.

Timothy Gooch, 21, was working at Movie Gallery off Church Street West when a teenage girl gave him the sandwich at about 9:40 p.m.

"I heard a crunching sound and looked at the sandwich. I saw the wing of a dead bat sticking out of the side of the sandwich where I had tried to take a bite. I asked her if that was a real bat and she nodded yes," Gooch said. "I thought it was strange that she got a smirk on her face when I started to bite into the sandwich."

An employee of the Long John Silver/A&W Root Beer restaurant off Church Street West brought the sandwich to the store where Gooch worked. The Jackson Sun does not identify juveniles allegedly involved in crimes.

She first offered it to Movie Gallery manager Michelle Spain. Gooch said the manager didn't want it, telling them she was a vegetarian and did not eat meat. Spain suggested Gooch might take it. Gooch did not know the girl, and did not know the relationship between her and Spain. Spain was not available for comment.

Gooch said the juvenile insisted that he eat the sandwich while she watched. As soon as he realized what it was, Gooch left the sandwich with his manager and went to Methodist HealthcareÐLexington Hospital. Hospital personnel asked that the sandwich be brought to them.

Betty Duke, hospital public relations representative, said the hospital did not conduct testing for disease.

"We maintained the sandwich in a field container for the Lexington Police Department until they decided what to do. The container was released to Investigator Donna Hetherington Wednesday morning," Duke said.

Hetherington confirmed the incident and indicated the juvenile will face as yet undetermined charges. Hetherington also said the sandwich and bat were sent to the Henderson County Health Department for testing. The health department was not available for comment.

"I feel like it was basically a sick joke that backfired, because injury occurred and the victim had to receive medical treatment," Hetherington said.

Restaurant manager Anthony Crowe declined comment when asked what action had been taken against the employee.

"It happened after the store closed and off store property. My understanding is that it is being investigated," Crowe said.

A&W All-American Food in Louisville, Ky., issued a media statement and expressed regret.

"While the incident did not involve our food, did not happen on our premises and occurred after the store was closed, we immediately terminated the two employees involved because the lack of judgment was completely unacceptable," Amy Sherwood of Yum! Brands Inc. said in the statement. The second employee has not been identified.

Gooch was completely surprised.

"I didn't see that coming. I didn't even know her until last night. I had seen her before but didn't even know her name. She did not appear surprised and never apologized for anything," Gooch said.

Blackhawk · December 19, 2002, 08:50 PM

They terminated Gooch...?! If so, he's going to be rich!

Sick is right!

Ceol Mhor · December 19, 2002, 09:01 PM

Just another good reason to look at something before putting it in your mouth.

**4V50 Gary** · December 20, 2002, 12:20 AM

The A&W manager responded correctly and disavowed the actions of the "employee." Employee was not on duty, restaurant was closed and the "employee" did it on their own time and not that of the restaurant. No issue of non-supervision, not on restaurant premises, and no duty of care owed.

Cause of action in tort for intentional infliction of emotional distress against the perpetrators. Trouble is, kid probably has nothing.

germanguns · December 20, 2002, 12:26 AM

I always look at what I put in my mouth. I smell it, too.

TallPine · December 20, 2002, 12:26 AM

This is the sort of thing where they should come up with some sort of imaginative punishment for the girl.

hansolo · December 20, 2002, 12:30 AM

I always thought that A&W Rootbeer had a strange, bat-like flavor

Jim March · December 20, 2002, 04:29 AM

I'll bet they'd need a magnifying glass to read the teensy tiny "Louisville Slugger" logo on it!

Seeker · December 20, 2002, 05:10 AM

Hmmm.... girl you don't know gives you food and wants to watch you eat it - shouldn't all kinds of bells and whistles be going off n your head?

Also, I didn't think the Gooch was fired I thought the girl and someone else from the A&W was fired.

Sisco · December 20, 2002, 05:19 AM

What would you call a bat sandwich?? A McOzzy?

Don Gwinn · December 20, 2002, 08:48 AM

I'm pretty sure Seeker is right, unless Yum! owns the movie theater as well. Gooch doesn't work for them, so he couldn't have been one of the two.

Blackhawk · December 20, 2002, 12:02 PM

Don and Seeker are probably right, but the story's not clear on that.

Whatever did I expect...?

I'd have to surmise that the other employee was Spain simply because she turned down the batwich based on her being a vegetarian....

**Mike Irwin** · December 20, 2002, 12:53 PM

Wow.

That's scary. Bats carry rabies....

Quartus · December 20, 2002, 01:09 PM

Quote:

This is the sort of thing where they should come up with some sort of imaginative punishment for the girl.

Oh, that's easy. Make her eat it.

Jim....

Thought of that when I saw the thread title. I pictured something like a knuckle sandwich, with splinters.

**Marko Kloos** · December 20, 2002, 01:30 PM

Quote:

What would you call a bat sandwich?? A McOzzy?

Try and convince the folks at MickeyD's to take that one into their product line.

December 19, 2002, 08:16 PM	#1
Preacherman Senior Member Join Date: July 9, 2002 Posts: 791	A bat sandwich has legal consequences... Can you imagine a mind sick enough to do this??? From the Jackson Sun (http://miva.jacksonsun.com/miva/cgi-...00212194484257): Bat burger prank leaves a bad taste By CHUCK ROSS Dec 19 2002 LEXINGTON - A practical joke Tuesday night sent a local man to the emergency room, after he bit into what he thought was a burger. It turned out to be a bat sandwich. Timothy Gooch, 21, was working at Movie Gallery off Church Street West when a teenage girl gave him the sandwich at about 9:40 p.m. "I heard a crunching sound and looked at the sandwich. I saw the wing of a dead bat sticking out of the side of the sandwich where I had tried to take a bite. I asked her if that was a real bat and she nodded yes," Gooch said. "I thought it was strange that she got a smirk on her face when I started to bite into the sandwich." An employee of the Long John Silver/A&W Root Beer restaurant off Church Street West brought the sandwich to the store where Gooch worked. The Jackson Sun does not identify juveniles allegedly involved in crimes. She first offered it to Movie Gallery manager Michelle Spain. Gooch said the manager didn't want it, telling them she was a vegetarian and did not eat meat. Spain suggested Gooch might take it. Gooch did not know the girl, and did not know the relationship between her and Spain. Spain was not available for comment. Gooch said the juvenile insisted that he eat the sandwich while she watched. As soon as he realized what it was, Gooch left the sandwich with his manager and went to Methodist HealthcareÐLexington Hospital. Hospital personnel asked that the sandwich be brought to them. Betty Duke, hospital public relations representative, said the hospital did not conduct testing for disease. "We maintained the sandwich in a field container for the Lexington Police Department until they decided what to do. The container was released to Investigator Donna Hetherington Wednesday morning," Duke said. Hetherington confirmed the incident and indicated the juvenile will face as yet undetermined charges. Hetherington also said the sandwich and bat were sent to the Henderson County Health Department for testing. The health department was not available for comment. "I feel like it was basically a sick joke that backfired, because injury occurred and the victim had to receive medical treatment," Hetherington said. Restaurant manager Anthony Crowe declined comment when asked what action had been taken against the employee. "It happened after the store closed and off store property. My understanding is that it is being investigated," Crowe said. A&W All-American Food in Louisville, Ky., issued a media statement and expressed regret. "While the incident did not involve our food, did not happen on our premises and occurred after the store was closed, we immediately terminated the two employees involved because the lack of judgment was completely unacceptable," Amy Sherwood of Yum! Brands Inc. said in the statement. The second employee has not been identified. Gooch was completely surprised. "I didn't see that coming. I didn't even know her until last night. I had seen her before but didn't even know her name. She did not appear surprised and never apologized for anything," Gooch said.

December 19, 2002, 09:01 PM	#3
Ceol Mhor Senior Member Join Date: October 24, 2001 Posts: 1,024	Just another good reason to look at something before putting it in your mouth. __________________ "There goes as if deranged a German soldier, with burning helmet on his head, making horrible noises. A second, as though possessed, yells "Jews...weapons. Jews...weapons." - From an anonymous eyewitness' description of the first battle of the Warsaw Ghetto Uprising

December 20, 2002, 12:20 AM	#4
4V50 Gary Staff Join Date: November 2, 1998 Location: Colorado Posts: 15,424	The A&W manager responded correctly and disavowed the actions of the "employee." Employee was not on duty, restaurant was closed and the "employee" did it on their own time and not that of the restaurant. No issue of non-supervision, not on restaurant premises, and no duty of care owed. Cause of action in tort for intentional infliction of emotional distress against the perpetrators. Trouble is, kid probably has nothing. __________________ Vigilantibus et non dormientibus jura subveniunt. *Molon Labe!*

December 20, 2002, 12:26 AM	#6
TallPine Senior Member Join Date: August 11, 2002 Location: Montana Posts: 528	This is the sort of thing where they should come up with some sort of imaginative punishment for the girl. __________________ "The inherent right in the people to reform their government, I do not deny; and they have another right, and that is to resist unconstitutional laws without overturning the government." --Daniel Webster

December 20, 2002, 12:30 AM	#7
hansolo Senior Member Join Date: June 30, 2002 Location: Desert Hot Springs, CA Posts: 503	I always thought that A&W Rootbeer had a strange, bat-like flavor __________________ PROUD TFL ALUMNUS MOLON LABE!

December 19, 2002, 08:50 PM	#2
Blackhawk Senior Member Join Date: November 4, 2001 Posts: 5,045	They terminated Gooch...?! If so, he's going to be rich! Sick is right!

December 20, 2002, 12:26 AM	#5
germanguns Member Join Date: November 24, 2002 Posts: 96	I always look at what I put in my mouth. I smell it, too.

December 20, 2002, 04:29 AM	#8
Jim March Senior Member Join Date: February 14, 1999 Location: Pittsburg, CA, USA Posts: 7,016	I'll bet they'd need a magnifying glass to read the teensy tiny "Louisville Slugger" logo on it! __________________ Jim March

December 20, 2002, 05:10 AM	#9
Seeker Senior Member Join Date: May 30, 2001 Location: Lacomb, Oregon Posts: 1,386	Hmmm.... girl you don't know gives you food and wants to watch you eat it - shouldn't all kinds of bells and whistles be going off n your head? Also, I didn't think the Gooch was fired I thought the girl and someone else from the A&W was fired. __________________ Molon Labe Seeker "The oppressed should rebel, and they will continue to rebel and raise disturbance until their civil rights are fully restored to them and all partial distinctions, exclusions and incapacitations are removed." --Thomas Jefferson Don't Tread On Me! "Equal and exact justice to all men, of whatever state or persuasion, religious or political; peace, commerce, and honest friendship with all nations, entangling alliances with none" -- Thomas Jefferson In order to rally people, governments need enemies. They want us to be afraid, to hate, so we will rally behind them. And if they do not have a real enemy, they will invent one in order to mobilize us. -Thich Nhat Hanh

December 20, 2002, 05:19 AM	#10
Sisco Senior Member Join Date: March 25, 1999 Location: KS Posts: 1,559	What would you call a bat sandwich?? A McOzzy? __________________ "I don't mind it when stupid people say stupid things. Stupid people should be encouraged to say stupid things, that way we always know who the stupid people are." ~ Ted Nugent http://www.awbansunset.com/awcountdown_sm.gif

December 20, 2002, 08:48 AM	#11
Don Gwinn Staff Emeritus Join Date: March 9, 2000 Location: Virden, IL Posts: 5,919	I'm pretty sure Seeker is right, unless Yum! owns the movie theater as well. Gooch doesn't work for them, so he couldn't have been one of the two. __________________ ---------------------------------------------------------------------------------------------------------- Don Gwinn: Chicago Gun Rights Examiner

December 20, 2002, 12:02 PM	#12
Blackhawk Senior Member Join Date: November 4, 2001 Posts: 5,045	Don and Seeker are probably right, but the story's not clear on that. Whatever did I expect...? I'd have to surmise that the other employee was Spain simply because she turned down the batwich based on her being a vegetarian....

December 20, 2002, 12:53 PM	#13
Mike Irwin Staff Join Date: April 14, 2000 Location: Northern Virginia Posts: 33,145	Wow. That's scary. Bats carry rabies.... __________________ "The gift which I am sending you is called a dog, and is in fact the most precious and valuable possession of mankind" -Theodorus Gaza Baby Jesus cries when the fat redneck doesn't have military-grade firepower.