--- title: Court of Appeals decision ensures that the doors of the courthouse will remain open date: 2003-05-13T23:00:00-07:00 author: admin canonical_url: "https://marlerclark.com/news_events/court-of-appeals-decision-ensures-that-the-doors-of-the-courthouse-will-rem" section: News --- [All News](/news_events) / [Press Releases](https://marlerclark.com/news_events/press-releases) / # Court of Appeals decision ensures that the doors of the courthouse will remain open **Courthouse doors remain open for Wisconsin citizens injured by adulterated meat** MILWAUKEE, WI —The State of Wisconsin District I Court of Appeals today handed down a decision holding meat supplier Excel can be found liable under state law for supplying adulterated meat to Milwaukee Sizzler restaurants, which led to the E. coli O157:H7 infection and death of three-year-old Brianna Kriefall and infections suffered by forty other patrons of a Milwaukee Sizzler restaurant in 2000. Marler Clark, the Seattle law firm nationally known for its successful representation of victims of foodborne illness, and Fox, O’Neill & Shannon, a respected Milwaukee law firm, represent Ervin Lesak and several others, including three children who suffered from hemolytic uremic syndrome “HUS,” in lawsuits against Excel and Sizzler. Excel won an earlier motion for summary judgment, in which a lower court upheld the company’s argument that it was not liable for injuries sustained by plaintiffs because it was shielded from liability by the Federal Meat Inspection Act (FMIA). Today, the court of appeals said that Excel could be held accountable to those who are injured by its products, rather than safeguarded by the FMIA, a statute intended to protect the public, not meat companies. The Court held “that federal preemption does not close the doors of Wisconsin's courts to claims against Excel.” “By ruling that the doors of the courts are not closed to Wisconsin citizens injured by unfit, adulterated meat, the court of appeals stood four-square with the issue of public safety,” said Denis Stearns, a graduate of the University of Wisconsin Law School and attorney for Marler Clark. “The court ruled that the overriding congressional purpose is public safety, and rejected the meat industry's position that consumers should be the only people responsible for making sure one’s food is safe to eat.” “This is a striking victory for consumers. It’s only right that companies should be held responsible for the safety of meat they produce, and we’re thrilled that the Wisconsin Court of Appeals has made this decision,” said Karen Taylor Mitchell, Executive Director of Safe Tables Our Priority (S.T.O.P.). The Court went on to say that it is not enough for the meat industry to focus solely on what happens in plants. Foodborne illness is a substantial and intolerable public health problem, and it is therefore important for processors to consider what happens to meat after it leaves their plants. “In other words,” Stearns continued, “the Court rejected the meat industry's caveat emptor defense—their argument that it’s the consumer's fault if they get sick. A claim premised on damages resulting from the sale of adulterated meat is another reason manufacturers should comply with existing requirements under federal law and prevent consumers from receiving adulterated meat in the first place.” ### Lawsuit updates about foodborne illnesses [Reactive Arthritis Lawsuit Updates](/news_events/case-news?illness=reactive-arthritis&year=all) [E. coli Lawsuit Updates](/news_events/case-news?illness=e-coli&year=all) [Guillain-Barre Syndrome Lawsuit Updates](/news_events/case-news?illness=guillain-barre-syndrome&year=all) [Salmonella Lawsuit Updates](/news_events/case-news?illness=salmonella&year=all) [Hemolytic Uremic Syndrome Lawsuit Updates](/news_events/case-news?illness=hemolytic-uremic-syndrome&year=all) [Listeria Lawsuit Updates](/news_events/case-news?illness=listeria&year=all) [Irritable Bowel Syndrome Lawsuit Updates](/news_events/case-news?illness=irritable-bowel-syndrome&year=all) [Hepatitis A Lawsuit Updates](/news_events/case-news?illness=hepatitis-a&year=all) [Norovirus Lawsuit Updates](/news_events/case-news?illness=norovirus&year=all) [Botulism Lawsuit Updates](/news_events/case-news?illness=botulism&year=all) [Campylobacter Lawsuit Updates](/news_events/case-news?illness=campylobacter&year=all) [Shigella Lawsuit Updates](/news_events/case-news?illness=shigella&year=all) [Cyclospora Lawsuit Updates](/news_events/case-news?illness=cyclospora&year=all) ### Lawsuits updates by year [Foodborne Illness Lawsuits in 1998](https://marlerclark.com/news_events/case-news?illness=all&year=1998) [Foodborne Illness Lawsuits in 1999](https://marlerclark.com/news_events/case-news?illness=all&year=1999) [Foodborne Illness Lawsuits in 2000](https://marlerclark.com/news_events/case-news?illness=all&year=2000) [Foodborne Illness Lawsuits in 2001](https://marlerclark.com/news_events/case-news?illness=all&year=2001) [Foodborne Illness Lawsuits in 2002](https://marlerclark.com/news_events/case-news?illness=all&year=2002) [Foodborne Illness Lawsuits in 2003](https://marlerclark.com/news_events/case-news?illness=all&year=2003) [Foodborne Illness Lawsuits in 2004](https://marlerclark.com/news_events/case-news?illness=all&year=2004) [Foodborne Illness Lawsuits in 2005](https://marlerclark.com/news_events/case-news?illness=all&year=2005) [Foodborne Illness Lawsuits in 2006](https://marlerclark.com/news_events/case-news?illness=all&year=2006) [Foodborne Illness Lawsuits in 2007](https://marlerclark.com/news_events/case-news?illness=all&year=2007) [Foodborne Illness Lawsuits in 2008](https://marlerclark.com/news_events/case-news?illness=all&year=2008) [Foodborne Illness Lawsuits in 2009](https://marlerclark.com/news_events/case-news?illness=all&year=2009) [Foodborne Illness Lawsuits in 2010](https://marlerclark.com/news_events/case-news?illness=all&year=2010) [Foodborne Illness Lawsuits in 2011](https://marlerclark.com/news_events/case-news?illness=all&year=2011) [Foodborne Illness Lawsuits in 2012](https://marlerclark.com/news_events/case-news?illness=all&year=2012) [Foodborne Illness Lawsuits in 2013](https://marlerclark.com/news_events/case-news?illness=all&year=2013) [Foodborne Illness Lawsuits in 2014](https://marlerclark.com/news_events/case-news?illness=all&year=2014) [Foodborne Illness Lawsuits in 2015](https://marlerclark.com/news_events/case-news?illness=all&year=2015) [Foodborne Illness Lawsuits in 2016](https://marlerclark.com/news_events/case-news?illness=all&year=2016) [Foodborne Illness Lawsuits in 2017](https://marlerclark.com/news_events/case-news?illness=all&year=2017) [Foodborne Illness Lawsuits in 2018](https://marlerclark.com/news_events/case-news?illness=all&year=2018) [Foodborne Illness Lawsuits in 2019](https://marlerclark.com/news_events/case-news?illness=all&year=2019) [Foodborne Illness Lawsuits in 2020](https://marlerclark.com/news_events/case-news?illness=all&year=2020) [Foodborne Illness Lawsuits in 2021](https://marlerclark.com/news_events/case-news?illness=all&year=2021) [Foodborne Illness Lawsuits in 2022](https://marlerclark.com/news_events/case-news?illness=all&year=2022) [Foodborne Illness Lawsuits in 2023](https://marlerclark.com/news_events/case-news?illness=all&year=2023) [Foodborne Illness Lawsuits in 2024](https://marlerclark.com/news_events/case-news?illness=all&year=2024) [Foodborne Illness Lawsuits in 2025](https://marlerclark.com/news_events/case-news?illness=all&year=2025) [Foodborne Illness Lawsuits in 2026](https://marlerclark.com/news_events/case-news?illness=all&year=2026) ##### Get Help #### Affected by an outbreak or recall? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ Get a free consultation ](https://marlerclark.com/contact) ##### Outbreak Database #### Looking for a comprehensive list of outbreaks? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ View Outbreak Database ](https://outbreakdatabase.com)