A New Jersey man has filed a lawsuit against Jersey Mike’s, Grubhub and the delivery driver after he discovered a pair of dentures inside the cheesesteak he ordered through the app last year. Fernando Rodriguez, who lives in Bayville, claims the discovery left him severely distressed and has now taken legal action against all three parties.
The incident took place in April 2025. Rodriguez ordered a cheesesteak from a Jersey Mike’s location in Lacey Township, Ocean County, New Jersey. The order was placed through Grubhub and delivered to his home in Bayville. When the food arrived it appeared to be properly packaged and sealed with scotch tape.
Upon opening the sandwich Rodriguez found foreign objects embedded directly inside the food. Court documents state that the objects were partial dentures belonging to the Grubhub delivery driver, Theresa Gildea. Rodriguez immediately realized something was wrong and returned to the Jersey Mike’s restaurant with the sandwich and the dentures to seek an explanation.
Rodriguez described feeling extreme shock, disgust, emotional distress, nausea, loss of appetite and physical revulsion after the discovery. He told authorities that finding an object from another person’s mouth in direct contact with his food was deeply disturbing and raised serious concerns about food safety and contamination.
Police were called to the restaurant. Officers questioned the Jersey Mike’s franchisee and then contacted the driver. Gildea initially claimed the dentures belonged to her father and that he had been eating at the restaurant. After further questioning she admitted the dentures were hers and said she had accidentally placed them in the sandwich while she was eating her own lunch and checking the order for accuracy because of previous complaints about incorrect deliveries.
The dentures were later returned to the driver at the restaurant. No criminal charges have been filed. The matter is proceeding as a civil lawsuit. Rodriguez filed the complaint on May 28, 2026 in Middlesex County Superior Court in New Jersey. The suit names Grubhub Inc., Grubhub Holdings Inc., Jersey Mike’s Franchise Systems and Theresa Gildea as defendants.
In the filing Rodriguez accuses the driver of tampering with his food. He accuses Jersey Mike’s of failing to properly package, seal and secure the order. He accuses Grubhub of negligent training and hiring of its delivery drivers. His attorney, Ian Goldman, stated that finding a foreign object from another person’s mouth in direct contact with food is both shocking and raises legitimate food safety issues.
Grubhub has responded by saying it is troubled by the allegations. The company confirmed that the driver is no longer contracted to deliver orders for them. Legal experts say Grubhub could face significant financial liability if a court finds the company was negligent in how it screens, trains or supervises its delivery drivers. The case may also lead to changes in company policies regarding drivers handling orders while eating or carrying personal items. Grubhub could face increased insurance costs and damage to its reputation if the lawsuit proceeds and receives further public attention.
Rodriguez is seeking damages for the emotional and physical distress he says he suffered. The lawsuit remains ongoing. Jersey Mike’s has not yet issued a public response to the claims.
The case has drawn attention because of the unusual nature of the discovery and the involvement of a major food delivery platform. It highlights ongoing questions about safety standards and oversight in the gig economy food delivery industry where independent contractors handle customer orders with limited direct supervision from the companies.
