SJ deli and cook sued for sandwich with everything

An Evesham policeman who found body hair in his bagel sandwich last year has sued the deli where the meal was purchased and the cook who admitted he sabotaged it as payback for a previous run-in with the officer.

Jeremy Merck, a six-year veteran of the department, alleged in the suit that Good Foods to Go was negligent for failing to keep its premises safe and to properly examine the sandwich Ryan J. Burke served him on Feb. 20, 2010.

The Marlton deli also failed to properly hire, train, and supervise its employees, the suit alleges.

Burke confessed to police on the day of the incident that he put hair from his chest and pubic area in Merck's egg, turkey and cheese sandwich in retaliation for a 2009 traffic arrest by the officer, according to records.

The New Jersey State Police lab found the hairs to contain Burke's DNA.

Mount Holly attorney Bruce Zamost, who is representing Merck, could not be reached for comment on Wednesday. The suit, filed in Burlington County Superior Court, seeks unspecified damages.

The eatery was not responsible for Burke's action, Mark R. Sander, an attorney for Good Foods, said Wednesday.

"Ryan Burke was a 27-year-old man who acted outside the scope of his employment," Sander said.

Burke was fired immediately after he was arrested and Merck and others in the police department continued to patronize Good Foods, Sander added.

Evesham police declined to comment on Wednesday.

Good Foods, was located on Merchant Way but has moved, Sander said. He did not know its current location.

Merck, who was treated at a local hospital, found the hair after he had eaten a portion of the sandwich, the suit said.

Burke pleaded guilty last October to aggravated assault on an officer and retaliation for a past official action, records show. He received two years' probation, fines, and 15 days in jail to be served on weekends.

He could not be reached for comment on Wednesday.