Case details
Plaintiff claimed food poisoning from contaminated sushi roll
SUMMARY
$682500
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
salmonellpoisoning
FACTS
On April 6, 2012, plaintiff Shawna Martinez, a registered nurse in her 30s, went to Happy Roll, a Japanese restaurant in Concord, and ordered, among other items, a sushi roll containing spicy tuna. Martinez claimed that over the next two weeks, she developed swelling and pain in several joints, beginning with her right index finger, and began to feel ill. She initially sought medical care on April 27, 2012, and she was ultimately diagnosed with reactive arthritis caused by salmonella poisoning. Martinez sued the restaurant’s operator, Happy Roll Inc.; the alleged importer of the fish that was used in the spicy tuna roll, Moon Marine (USA) Corp.; the president of Moon Marine, Chiu Ying “Iris” Wu; the distributor of the fish to Happy Roll, Ocean Queen USA Inc.; and the company that allegedly marketed and sold the fish to Ocean Queen, MMI Food Corp. Martinez brought causes of action for strict products liability and sought to hold certain defendants liable based on alter-ego/joint-enterprise/partnership/unincorporated association theories. Moon Marine International Co. Ltd. and Moon Fishery (India) Pvt. Ltd were originally named, but were ultimately not parties to this action. Plaintiff’s counsel contended that the raw ground (sashimi grade) tuna used in Martinez’s spicy tuna roll was part of a nationwide recall that had sickened over 400 people and hospitalized over 50 people. Counsel noted that during an investigation of the matter, the Food and Drug Administration tracked down a factory in India, where the raw ground tuna — known as Scrape — was stored in ice that had been contaminated by bird feces. Thus, plaintiff’s counsel asserted that Martinez’s salmonella poisoning was linked to the factory by laboratory testing. Martinez’s counsel asserted that liability was shared up and down the stream of commerce, from the importer (Moon Marine) to the retailer (Happy Roll). Counsel also asserted that Wu was the alter-ago of Moon Marine and that Moon Marine and MMI Food Corp. operated a joint enterprise or partnership, or were each other’s alter-ego under a “single enterprise” theory. The defendants denied that they were the source of the contaminated tuna and denied that the tuna caused the reactive arthritis. Wu denied that she was an alter-ego of Moon Marine, while Moon Marine and MMI denied plaintiff’s counsel’s alter-ego and other derivative liability allegations, claiming that each defendant was a legally separate and independent entity., Martinez was hospitalized for 16 days and diagnosed with reactive arthritis caused by salmonella poisoning. Her treatment now consists of medication and the monitoring of chronic arthritic conditions to her affected joints. Martinez claimed ongoing pain and discomfort from her arthritic condition, affecting her mobility and range of motion and causing fatigue. She claimed she had only been able to return to work in a limited capacity. Thus, Martinez sought recovery of $112,000 in past medical costs. She also sought recovery of future medical expenses, and recovery of damages for her past and future pain and suffering. Defense counsel disputed Martinez’s alleged damages, asserting that the tuna did not cause Martinez’s arthritic condition and that Martinez’s condition would not continue into the future. Counsel also asserted that Martinez would be able to return to work in her usual capacity.
COURT
Superior Court of Santa Clara County, Santa Clara, CA
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