SAN DIEGO (AP) _ A lawsuit accusing Foodmaker Inc. of serving tacos smeared with blood from a cook at one of its fast-food restaurants has been settled, the plaintiffs' attorney said Friday.

Steve Anania and his wife, Kate, had sued the San Diego-based Foodmaker, the parent company of Jack In The Box, for negligence. The cook who prepared the taco tested positive for Hepatitis A weeks after the incident, but the couple did not get the disease.

Garo Mardirossian, who represents the Ananias, said the case had been settled, but would not disclose the terms. Foodmaker spokeswoman Sheree Zizzi would also only say the case was settled.

The lawsuit had alleged breach of contract, general negligence, negligent infliction of emotional distress and medical expenses.

The Ananias said they bought the contaminated tacos on the evening of Nov. 5, 1990 at a drive-through window of a Jack In The Box restaurant in Bonsall.

Steve Anania said he ate one of the tacos without realizing it was smeared with blood because he was driving and couldn't see what he was eating.

The realization came when Kate Anania took a bite of a taco at home.

The couple said they returned to the restaurant that night and found a cook working with a hand wrapped in blood-soaked towelling.

Foodmaker executives were notified, and promised the cook would receive blood tests, Mardirossian said. Weeks later, Foodmaker told the Ananias the tests were ''all right.''

But when the tests were subpoenaed, they showed the cook had a form of Hepatitis A, the lawyer said.

It could not be determined if the cook was infected on the night of the incident. The blood on the tacos was not tested. Mardirossian said blood tests performed on the couple showed neither had contracted any diseases.

Anania said he lost his job as an executive with a real estate development firm as a result of an emotional breakdown. He and his wife have since moved to Victor, Mont.

Foodmaker has been the target of more than 40 lawsuits this year after hundreds of people in the Pacific Northwest were sickened by Jack In The Box hamburgers tainted by a bacterial infection. Two children died from the infection in Washington state.