Dairy Queen sued for not giving man his tacos

By Michelle Massey, East Texas Bureau | Jun 12, 2008

TEXARKANA � With the likeness of Martin Luther King Jr. emblazoned on his T-shirt, disabled Texas resident Cordell Moody stepped into the Hughes Springs Dairy Queen and ordered three tacos.

He claims he sat down and waited for his food for about 30 minutes while five additional customers were served, but his food never arrived. Moody believes the workers were discriminating against him because of the shirt he wore and asked the employees for his money back.

Although the Dairy Queen refunded Moody's money, Moody filed a discrimination suit against Liepman Restaurants doing business as Dairy Queen and its acting supervisor, Sasha Jones, on May 5. The suit was originally filed in Cass County Court but the defendants removed the case to federal court on June 9.

Within the complaint, Moody states that he asked the employees for a store complaint form and they responded that they did not have any and told him to "get the hell out." Moody left the store and called the acting store supervisor, Sasha Jones. According to Moody, Jones offered him something to eat since she was now at the store, but Moody responded that he was afraid someone would put something in his food.

Seeking more than $250,000 in damages, the father of 21, believes Jones had control over her employees and should have ensured their proper conduct. Moody alleges Dairy Queen violated the Civil Rights Act by denying him service.

This is not the first lawsuit filed by Moody involving alleged problems with food.

Currently, Moody has a December trial date in a case pending in the Western District of Arkansas against Tyson Foods. In the Tyson foods case, Moody alleges that after he bought and cooked Tyson's ground beef, he damaged his teeth by biting into a rock contained in the food.

Alleging violations of the Civil Rights Act, Moody filed suit against Tyson seeking $ 6 million in damages for mental anguish, pain and suffering, and damages for delay.

The Arkansas court filed the case as a product liability litigation.

Responding to the allegations, Tyson called the lawsuit frivolous and believes Moody is attempting to commit fraud. Further, Tyson states that the beef was not defective and Moody's alleged injuries are the result of his own negligence.

Also seeking more than $6 million in damages, Moody filed a lawsuit in Oklahoma federal court against Farmers' Insurance. Within that lawsuit, Moody alleged he received food poisoning from undercooked chicken at a Texas restaurant. However, less than a month after the initial filing, the court dismissed the case.

Moody is acting as his own attorney in these cases and admits to a mental illness or disability.

Moody v. Liepman Restaurants Case No 5:08cv00098

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