Products Liability Law Reporter

The Doe siblings, ages 11, nine, and five, went to a Wendy’s fast food restaurant, where they consumed hamburgers, french fries, chicken nuggets, and beverages. The children contracted E. coli and Shiga toxin, necessitating hospitalization.\ All of the children recovered from their illnesses. Their past medical expenses totaled thousands of dollars.

The children’s mother, on their behalf, sued Wendy’s Co. and the franchisee, alleging negligence per se for violating the New York Agriculture and Markets Law, strict liability failure to warn, and breach of implied warranty. The defense disputed causation.

The parties settled for $20,000.

Citation: Does v. Triwen West Haverstraw L.L.C., No. 0032705/2018 (N.Y. Sup. Ct. Rockland Cnty. May 8, 2019).

Plaintiff counsel: AAJ member Bryan G. Schneider, New Paltz, N.Y.