ROCHESTER, NY—Seattle-based Marler Clark and Rochester-Buffalo based Underberg & Kessler filed a lawsuit Tuesday against State Garden, Inc., the leafy greens supplier whose salad mix was identified as the source of an E. coli O157:H7 outbreak in October. The lawsuit was filed on behalf of Rochester resident Molly Larkin in Federal District Court for the Western District of New York.
We’re asking the court to give a jury the opportunity to award our client damages related to her E. coli infection. Molly Larkin expected the salad she bought to be a safe product, free from pathogens. I think a jury of 12 people would agree that a ready-to-eat salad mix should be safe for human consumption.” --William Marler
Attorney Paul Nunes, a partner in Underberg & Kessler, added, “It seems that the issue of food safety only gains attention when there is an outbreak. The status quo is unacceptable. We should be able to trust in our food supply.”
BACKGROUND: Marler Clark is the nation’s only law firm with a practice dedicated solely to representing victims of foodborne illness, and is currently pursuing litigation on behalf of victims of outbreaks traced to cantaloupe, mangoes, peanut butter, ricotta cheese and other foods.