Rochester Resident Sues Lettuce Supplier over E. coli Infection

Share Article

Marler Clark and Underberg & Kessler filed a second lawsuit stemming from an E. coli outbreak linked to salad greens today.

I think a jury of 12 people would agree that a ready-to-eat salad mix should be safe for human consumption.

Seattle-based Marler Clark and Rochester-Buffalo based Underberg & Kessler filed a lawsuit Tuesday against State Garden, Inc., the Massachusetts-based leafy greens supplier whose salad mix was identified by the Centers for Disease Control and Prevention as the source of an E. coli O157:H7 outbreak in October. The lawsuit was filed on behalf of Rochester resident Molly Larkin in Federal District Court for the Western District of New York (Case No. 12-CV-6645).

In the lawsuit, attorneys allege that Ms. Larkin, a registered nurse, is one of 28 people, including 22 New York state residents, who became ill with E. coli O157:H7 infections after eating Organic Spinach & Spring Mix supplied by State Garden. According to the complaint, Ms. Larkin ate salad made from the contaminated product the weekend of October 20 and fell ill with symptoms of E. coli infection, including bloody diarrhea and painful abdominal cramping, later the following week. She sought medical care for her condition and submitted a stool sample that tested positive for the same strain of E. coli O157:H7 that was isolated from the defendant’s salad mix. Ms. Larkin continues to suffer the effects of her E. coli infection.

“We’re asking the court to give a jury the opportunity to award our client damages related to her E. coli infection,” said attorney William Marler, managing partner of Marler Clark. “Molly Larkin expected the salad she bought to be a safe product, free from pathogens. I think a jury of 12 people would agree that a ready-to-eat salad mix should be safe for human consumption.”

Attorney Paul Nunes, a partner in Underberg & Kessler, added, “It seems that the issue of food safety only gains attention when there is an outbreak. The status quo is unacceptable. We should be able to trust in our food supply.”

BACKGROUND: Marler Clark and Underberg & Kessler have joined together to represent victims of multiple foodborne illness outbreaks, including the 2002 Brook-Lea Country Club Salmonella outbreak, the 2006 Dole spinach E. coli outbreak and the 2011 Salmonella outbreak linked to Turkish pine nuts. Marler Clark is the nation’s only law firm with a practice dedicated solely to representing victims of foodborne illness, and is currently pursuing litigation on behalf of victims of outbreaks traced to cantaloupe, mangoes, peanut butter, ricotta cheese and other foods.

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Visit website