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E. coli Lawsuit Filed Against Wendy's

SEATTLE, WA - Today, Robert Pascal, an 85-year old Salem resident, filed a lawsuit against the Wendy’s restaurant located at 2375 Commercial Street in Salem, Oregon. Mr. Pascal is represented by Marler Clark, the Seattle law firm known regionally and nationally for its successful representation of persons injured in food-borne illness outbreaks, and the well-respected Portland law firm, of Rosenthal & Greene.

The lawsuit claims that Wendy’s is liable for injuries and damages that Mr. Pascal sustained as one of the victims of the E. coli O157:H7 outbreak linked to the restaurant. Two children have been hospitalized as a result of this outbreak, and as many 68 others have been sickened.

On Wednesday, August 16, 2000, Mr. Pascal stopped at the above Wendy’s franchise for a meal. Over the next few days, he developed nausea, diarrhea, and abdominal pain. Mr. Pascal lives alone, and tried to cope with his illness himself. However, his symptoms worsened, resulting in increasingly severe cramps and bloody diarrhea. On Saturday, August 19, 2000, Mr. Pascal’s condition failed to improve, and his son insisted that he seek immediate medical attention. Mr. Pascal was taken to a local Kaiser Clinic where he was treated for bloody diarrhea and severe dehydration, and held for further evaluation. He was eventually diagnosed with a severe E. coli infection. He was given fluids to deal with his dehydration, and remained at the clinic for hours under medical observation. He was eventually allowed to return to his apartment, where he continues to recover.


Background: Marler Clark has extensive experience representing victims of food-borne illness. Rosenthal & Greene represented a victim in the 1993 Jack in the Box outbreak. Mr. Marler represented Brianne Kiner in her $15.6 million settlement with Jack in the Box. He also secured compensation totaling $30 million for other victims from the 1993 Jack in the Box E. coli outbreak. In May 1998, Marler Clark settled the Odwalla Juice E. coli outbreak for the five families whose children were severely injured after consuming Odwalla apple juice. Marler Clark is currently lead counsel in actions stemming from several E. coli, Salmonella, Shigella and Hepatitis outbreaks in Washington, California, Ohio, Missouri and Arizona. Marler Clark has litigated on behalf of children against KFC, McDonalds, Hardees, Subway, Carl’s Jr., and Sizzler. Marler Clark is representing children in E. coli outbreaks stemming from contaminated beef served in a school lunch and a swimming pool in Atlanta. For more information about Marler Clark, please visit our website at

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