Salmonella Outbreak on Mother’s Day Results in Lawsuit Against On The Border Mexican Grill


Marietta residents Amanda and Jason Cureton have filed a lawsuit against On The Border Mexican Grill. The lawsuit is being filed over a severe case of salmonella poisoning Amanda suffered after eating at the restaurant’s Kennesaw, Georgia location on Mother’s Day. The Cureton family is being represented by Marler Clark, a Seattle-based firm specializing in food safety, along with Moraitakis & Kushel, personal injury law firm in Atlanta. 

On May 14, Amanda purchased and consumed a “take out” meal consisting of chips and salsa to start and beef fajitas as the entree. Soon after, she started feeling ill and experiencing distressing symptoms that included nausea, diarrhea, stomach cramps, fever, muscle aches, fatigue, and headache. Amanda sought emergency medical treatment and was admitted to the hospital for twelve days during which time she was diagnosed with salmonella that was linked back to the defendant’s restaurant.

Since her hospitalization, Amanda continues to suffer from severe stomach cramping, fatigue and has been diagnosed with diverticulitis and Crohn’s Disease. Due to this illness Amanda and her husband, Jason, have incurred significant medical expenses.

Cobb and Douglas Public Health was notified of a salmonella outbreak linked to the defendant’s restaurant on June 2—they did not alert the public. On June 6, an inspection was conducted of the restaurant where multiple food safety violations were noted. Specifically, food being stored at temperatures that could allow pathogens, like salmonella, to easily and quickly multiply. Also, mold was found on sinks, cutting boards were heavily pitted and stained, and employees’ personal items were not stored in designated areas.

“It is unfortunate that the Cobb and Douglas Public Health officials did not alert the public of this outbreak,” says Bill Marler, food safety attorney for the plaintiff. “Anyone who consumed food from the restaurant and became ill around the time of the outbreak, should have had the opportunity to be notified and seek medical attention immediately.”

Salmonella bacteria are usually transmitted to humans by eating foods contaminated with animal feces or foods handled by food services workers with poor hygiene. Contaminated foods look and smell normal and are often of animal origin. However, vegetables may become contaminated. Many raw foods are frequently contaminated, thorough cooking kills salmonella. The best way to prevent the spread of salmonella is to practice proper handwashing, especially after bathroom visits and before handling food.

Marler Clark, The Food Safety Law Firm is the nation’s leading law firm representing victims of salmonella outbreaks. Marler Clark has represented thousands of victims of salmonella and other foodborne illness outbreaks. They have recovered over $600 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.