Tag: wendy’s litigation

Wendy’s E. Coli Outbreak Lawsuits

Health Department officials are investigating over one hundred cases of E. coli poisoning in Michigan, Ohio, Indiana and Pennsylvania. People have been diagnosed with food poisoning in Michigan, Ohio, Pennsylvania, and Indiana. The majority of these people claim that they ate sandwiches topped with lettuce at a Wendy’s Restaurant within the week before their food poisoning diagnosis.

Public health officials in Michigan have confirmed 43 cases of E. Coli that match the strain in a multi-state outbreak. A number of similar cases have been identified in Ohio. The specific source of the food poisoning has not been officially determined, but one possible source is romaine lettuce used to top hamburgers and sandwiches at Wendy’s restaurants.

The illness onset dates range from late July through early August 2022. The sickness and harm have ranged from mild to very severe. Many victims have required extensive hospitalization and medical care. Four cases of hemolytic uremic syndrome (HUS) have been diagnosed and suspected to be related to the contaminated lettuce at Wendy’s Restaurants.

  • E. Coli outbreak cases have been reported in the following counties: Allegan, Branch,Clinton, Genesee, Gratiot, Jackson, Kent, Macomb, Midland, Monroe, Muskegon, Oakland, Ogemaw, Ottawa, Saginaw, Washtenaw, and Wayne and the City of Detroit. Public health departments in those counties are closely monitoring patients and working hard to determine the source of the poisoning.

E. coli is a bacterium that lives in the digestive tracks of animals and humans. Most varieties are harmless, but some can cause severe illness. Common sources of E. coli include:

  • Raw milk or dairy products that are not pasteurized.
  • Raw fruits or vegetables, such as lettuce, that have come into contact with infected animal feces.

Symptoms of E. Coli poisoning are very serious. They include severe stomach cramps, diarrhea, and vomiting. Some people experience high fevers and many develop life-threatening conditions.

E. coli infections often require hospitalization and expensive medical care, the damages from this food poisoning can be extensive.

The Wendy’s food poisoning claims are just at their initial stages.  Very few lawsuits have been filed to date, but it is expected dozens will be filed in courthouses shortly.  At this time, there are no reported Wendy’s food poisoning settlements.

In general, food poisoning settlements include money payment for pain and suffering, mental anguish, and the physical injuries caused by the food contamination. In addition, claims for economic losses and damages are also demanded in a food poisoning lawsuit. These are financial losses and include payment of medical bills and expenses, as well as lost wages and income resulted from missed time at work.

If you ate food at a Wendy’s Restaurant that contained romaine lettuce in July or August and were diagnosed or hospitalized with E. coli poisoning, you may benefit from speaking to a food poisoning attorney.

Article By Lawrence J. Buckfire of Buckfire Law

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Buckfire & Buckfire, P.C. 2022

Objecting During Closing Arguments

We’ve all been there. Opening statements are over, the evidence is closed and you just killed it with your closing argument. Nothing left to do but relax, let your guard down a bit and listen to your opponent’s closing argument.  Right?  Wrong!!!

While you may be tempted to zone out while your opponent sums up his case, you must remain on high alert for inappropriate statements or colloquy during closing arguments and be prepared to object. In civil litigation, it can be a million-dollar mistake.

The Supreme Judicial Court is set to consider whether such a mistake will cost Wendy’s and one of its suppliers an opportunity to set aside a $150,000 verdict rendered against it based on improper “reptile-based” remarks made by plaintiff’s counsel during closing arguments.  This morning, the Court will hear oral arguments in Fitzpatrick v. Wendy’s Old Fashioned Hamburgers of New York and decide whether a trial judge applied the correct legal standard in declaring a mistrial after the jury rendered its verdict.  A Suffolk Superior Court jury previously found Wendy’s liable for severe dental injuries suffered by Meaghan Fitzpatrick when she bit into a hamburger that contained a bone fragment.

Before jury deliberations began, the defendants moved for a mistrial based on inappropriate statements made by plaintiff’s counsel. Defendants argued that Plaintiff’s counsel violated the “golden rule” by calling upon the jury to place themselves in the plaintiff’s position and to “be the voice of the community,” and send the defendants a message. Judge Heidi Brieger deferred ruling on the motion until after the jury returned a verdict for $150,000. Judge Brieger subsequently declared a mistrial, the case was retried, and a new jury returned a verdict for $10,000.

While the motion for a mistrial was an alert decision, as “reptile based” comments during closing arguments are almost universally prohibited everywhere, the failure to assert an objection immediately after they were made could prove to be a costly mistake for the defense. The Appeals Court appeared to focus on that very fact when it reversed Judge Brieger’s decision in 2019, holding that the defendants’ renewed motion for a mistrial should have been treated under the standard for granting a motion for a new trial.

The timeliness of an objection during summation is crucial to your case, and waiting until your opponent has finished, or after the judge has charged the jury is generally viewed as too late.  Some of us had mentors who taught us that nothing that is said during closing argument constitutes evidence. And our mentors were right.  Accordingly, many trial attorneys suddenly become potted plants during their opponents’ summations and choose politeness over their obligations to their clients.  They say nothing, even in the face of clear violations of some of the most basic rules of closing arguments: i.e., engaging in character assassinations of the plaintiff or other trial witnesses, arguing facts not in evidence, injecting personal opinions on credibility, appealing to the conscience of the jurors to send a message to the community, etc.  Objecting during your opponent’s closing argument when it is warranted is not rude or unprofessional – but it’s borderline malpractice if you don’t.  These are cardinal rules that cannot be forgotten about during summation and objections must be raised as soon as they are violated.

The Supreme Judicial Court will likely focus on the defendants’ failure to object in a timely fashion when it decides whether Judge Brieger applied the proper legal standard in granting a mistrial following the jury’s verdict.  Stay tuned.

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