Case details

Fast-food restaurant claimed no proof it caused food poisoning

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
diabetic ketoacidosis, food poisoning
FACTS
On Jan. 2, 2009, plaintiff Alex Leach, 45, a site location manager, went to a Taco Bell in Costa Mesa along with three others. The four patrons ordered food containing beef and claimed they soon became ill with food poisoning. Leach, who is a diabetic, ultimately went to an emergency room and was diagnosed with diabetic ketoacidosis, requiring a five-day hospitalization. Leach sued Taco Bell Corp., Taco Bell of America Inc., and Yum! Brands Inc. He alleged that the defendants’ negligence caused his food poisoning. Yum! Brands was voluntarily dismissed from the case prior to trial. Thus, the matter proceeded to trial against the Taco Bell defendants only. Leach claimed that he and his party all suffered food poisoning as a result of eating beef from the Taco Bell restaurant. Plaintiff’s counsel presented an emergency medicine expert who opined that the beef caused Leach’s food poisoning and subsequent diabetic ketoacidosis. Taco Bell’s counsel argued that Leach had no proof his alleged food poisoning was caused by the Taco Bell he ate and contended that it was possible that Leach got food poisoning from something else. Counsel also argued that the diabetic ketoacidosis was not related to any alleged food poisoning., Leach suffered food poisoning and was hospitalized for five days after suffering diabetic ketoacidosis, a severely debilitating condition that he claimed almost caused him to die. During his hospitalization, Leach required oxygen and insulin to stabilize his condition. He was later discharged upon his recovery. The plaintiff’s emergency medicine expert opined that the beef caused Leach’s food poisoning and subsequent diabetic ketoacidosis. Leach also claimed that the diabetic ketoacidosis and subsequent hospitalization was caused by the food poisoning. Leach alleged that he will never be the same again after the ordeal, in that it worsened the progression of his diabetes and shortened his life expectancy by three to five years. He also alleged he now lacks energy and stamina, as well as grip strength. Leach claimed he was very physically active prior to suffering food poisoning, as he was an avid golfer, skier and rock climber. However, he claimed that after the incident, he can no longer engage in any of the activities he previously enjoyed due to his weakened condition. Leach further claimed he tried to return to work part-time, but could not deal with the physical demand and has since stopped working altogether. Plaintiff’s counsel asked the jury to award Leach $1.2 million in future economic damages for his life care plan, medical costs, and lost earnings. Counsel further asked the jury to award Leach $6 million to $8 million in general damages. Taco Bell’s counsel argued that Leach’s current condition and residuals, as well as his future outlook, are all related to his pre-existing diabetic condition, which was not triggered or worsened by the subject food poisoning.
COURT
Superior Court of Orange County, Santa Ana, CA

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