Products Liability Law Reporter

Johnnie and James Wills became ill after eating at a restaurant owned and operated by Pablo’s Restaurante & Cantina, Inc., and Lin’s Dynasty, Inc. Johnnie was diagnosed as having salmonella poisoning and was hospitalized for almost three weeks. James also required medical treatment for salmonella.

The Willses sued Pablo’s Restaurante and Lin’s Dynasty, alleging liability under Alabama’s extended manufacturer liability doctrine and claims for negligence, wantonness, breach of the implied warranty of merchantability, and loss of consortium. The plaintiffs asserted that the defendants’ restaurant had substandard health ratings and had been cited for various unsafe practices, including keeping food at an unsafe temperature and failing to prevent cross-contamination.

The parties settled confidentially.

Citation: Wills v. Pablo’s Restaurante & Cantina, Inc., No. CV-2015-903974 (Ala. Cir. Ct. Jefferson Cty. Undisclosed Date).

Plaintiff counsel: Thomas A. Kendrick and W.M. Bains Fleming III, both of Birmingham, Ala.

Comment: In Spellman v. Chipotle Mexican Grill, Inc., 2019 WL 6168250 (Cal. Ct. App. Nov. 20, 2019), Christina Spellman became ill after eating a chicken bowl at a Chipotle restaurant. Spellman suffered diarrhea, vomiting, and chills and later developed serious medical problems. She sued Chipotle, alleging liability for food poisoning. The defendant moved for summary judgment on the basis that the plaintiff had failed to offer evidence the chicken bowl had caused her illness. The trial court granted the defendant’s motion. Reversing in an unpublished opinion, the appellate court held that to show a triable issue of fact on causation, a plaintiff in a food poisoning case is not required to show the actual foodborne pathogen that caused the alleged illness. Here, the court said, the plaintiff expert’s opinion that the defendant’s restaurant had failed to conform to proper food holding and preparation standards provided evidence on which a reasonable jury could infer causation. AAJ member Gary A. Dordick, Beverly Hills, Calif.; Michael S. Brown, Los Angeles; and AAJ member Jeffrey I. Ehrlich, Claremont, Calif., represented the plaintiff.