SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported) February 24, 1998 ----------------------------- FOODMAKER, INC. - ------------------------------------------------------------------------------ (Exact name of registrant as specified in its charter) DELAWARE 1-9390 95-2698708 - ------------------------------------------------------------------------------ (State of Incorporation) (Commission (IRS Employer File Number) Identification No.) 9330 BALBOA AVENUE, SAN DIEGO, CALIFORNIA 92123 - ------------------------------------------------------------------------------ (Address of principal executive offices) (Zip code) Registrant's telephone number, including area code (619) 571-2121 --------------------------- ITEM 5. OTHER EVENTS February 24, 1998 FOR IMMEDIATE RELEASE: - ---------------------- Contact: Karen Bachmann, 619/571-2182 Vice President, Corporate Communications Shirley Gines, 619/571-2674 Director, Corporate Communications FOODMAKER, INC. RECEIVES $58.5 MILLION IN HAMBURGER PATTY CASES SETTLEMENT SAN DIEGO - Foodmaker, Inc., operator and franchiser of JACK IN THE BOX restaurants, today announced that it has received $58.5 million in settlement of all legal claims in the "Hamburger Patty Cases" stemming from a 1993 foodborne-illness outbreak in the Pacfic Northwest. Of the total settlement amount, Foodmaker is expected to realize a net of slightly over $30 million after taxes and litigation costs. The other parties to the litigation included Beef Packers, Inc., Cattleman's Choice, Fresno Meat Company, Monfort, Inc., Orleans International, Inc., RBR Meat Company, Service Packing Company, The Vons Companies, Inc., and Westland, Inc., among others. ### SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. By: DARWIN J. WEEKS ---------------------- Darwin J. Weeks Vice President, Controller and Chief Accounting Officer Date: February 24, 1998