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Food Poison Journal Food Poisoning Outbreaks and Litigation: Surveillance and Analysis

Marler Clark files Salmonella Lawsuit On Behalf of Charlotte North Carolina Resident

MarlerClark.pngThe Seattle-based attorneys of Marler Clark filed a Salmonella lawsuit today against Toast of Dilworth, a Charlotte restaurant. The lawsuit (#12-CVD-8507) was filed in Mecklenburg County Superior Court on behalf of Charlotte resident Bryan McWherter. The complaint alleges that Mr. McWherter was one of more than 10 people who became ill with Salmonella infections after ordering and eating food from Toast of Dilworth on March 25, 2012.

According to the complaint, approximately 12 hours after eating at Toast of Dilworth, Mr. McWherter became ill with a gastrointestinal illness, which progressively became worse over the next several days. Mr. McWherter sought medical treatment for his illness on March 27, but continued to suffer symptoms of Salmonella infection, including abdominal cramps and diarrhea, for the next 10 days. On April 9, Mr. McWherter’s left ankle began to swell and he experienced arthritic pain in both his ankle and left wrist. The pain and swelling spread to his left knee and both elbows over the next two days, and he again sought medical treatment on April 11 for what was determined to be reactive arthritis secondary to Salmonella infection.

“Toast of Dilworth owed Bryan McWherter a duty to serve him food that was safe for human consumption,” saidnationally recognized attorney and food safety advocate Bill Marler. “A customer who orders an egg dish doesn’t expect to miss multiple days of work and incur significant medical expenses because they ordered something contaminated with Salmonella. Salmonella shouldn’t be in our food.”

Marler has represented victims of nearly every significant Salmonella outbreak in the last 20 years, including several people who developed reactive arthritis after their initial Salmonella infections. Marler Clark has brought notable Salmonella lawsuits against restaurants such as Jimmy John’s, Chili’s, and Taco Bell. The law firm has represented thousands of victims of Salmonella outbreaks, including those linked to peanut butter, sprouts, and eggs.