A man who says he fractured a tooth on a bolt while chowing down on a meal from an Anchorage Taco Bell is hungry for satisfaction from the restaurant chain.
In a lawsuit filed Thursday, plaintiff Jahmeal Levy is seeking $100,000 in damages from Taco Bell franchise owner Yum Brands, as well as Alaska Taco Bell franchisee Denali Foods Inc. The complaint tracks back to a chalupa Levy bought Jan. 11 from the Taco Bell at 2640 E. Tudor Road.
"While consuming the chalupa, the plaintiff bit into a bolt and suffered serious injury to his teeth and gums," Levy's attorney wrote. "The defendants negligently manufactured and distributed a chalupa which contained a foreign object which was a substantial factor in causing injury to the plaintiff for which the defendants are liable."
Calls to Denali Foods in Anchorage and Yum Brands in Kentucky were not returned.
The filing includes a photo of the alleged bolt nestled inside a chalupa -- a taco made on a soft flatbread, rather than with a tortilla or crunchy shell. It also cites a similar 2014 case against a Taco Bell in Portland, Oregon, in which a woman said she cracked a molar on a bolt inside a burrito.
Levy said Monday that when he visited the Taco Bell in January, he ordered a No. 6 combo to go -- two chalupas, a crunchy taco and a drink. As he drove away from the restaurant that afternoon, he unwrapped one of the chalupas and began to eat.
"The first bite was OK," Levy said. "The second bite -- when I take a bite, I feel something hard like a piece of bone."
Levy said that his gums were bleeding as he turned the car around and drove back to the restaurant.
"I see the manager, I say, 'Hey, what the hell is this?' " Levy said. He said the manager took pictures and told Levy to go to the hospital.
According to Levy, Denali Foods later offered a settlement that he rejected as too low. He also claims he was told to get the required dental work done upfront, but hasn't done so due to the pending litigation.
Jeff Barber, Levy's attorney, said one factor in the disagreement was Levy's likely need for replacement dental work, at $6,000 to $7,000 per treatment, when the initial repairs wear out in five to 15 years.
"He had an evaluation and was trying to get the Taco Bell people to pay, but he's reached an impasse in his complaint," Barber said. "Dental work has kind of a lifespan, so typically if you have to have that done due to someone else's negligence you try to recover for the lifetime of the work."
Barber said it's not clear how the bolt would have ended up in Levy's meal.
Asked if he still visits Taco Bell, Levy said his wife still does on occasion -- but things are different for him now.
"Not really," Levy said. "I still have fear of eating fast food -- I can't remember the last time I ate fast food."
Barber said Pennsylvania-based insurance firm PMA Companies was handling the case for Denali Foods and Yum. Staff contacted at PMA Monday weren't able to comment on the lawsuit.