Lawsuit filed against Sizzler on behalf of injured Milwaukee Man


MILWAUKEE, WI - Marler Clark, a Seattle law firm nationally-known for its successful representation of persons injured in food-borne illness outbreaks, and the well-respected Milwaukee law firm, Fox, O’Neill and Shannon, have filed lawsuit on behalf of Ervin Lesak of Milwaukee against the E. B. Management Company, the owner and operator of the implicated Sizzler franchise. The lawsuit claims that these companies are liable for the injuries and damages that Mr. Lesak sustained as one of the victims of the E. coli O157:H7 outbreak that has sickened at least 40 people and left one child dead.

Mr. Lesak ate at the Sizzler on July 18 and consumed food that was contaminated with the deadly E. coli bacteria. The Milwaukee Health Department has implicated Sizzler as the source of the E. coli outbreak and has narrowed the likely food that contained the deadly bacteria to improperly washed watermelon served from the restaurant’s salad bar that likely was cross-contaminated with uncooked ground beef. He tested positive for the deadly bacteria and was hospitalized for five days.

“This lawsuit is not being filed as a class action,” said Michael Hanrahan of Fox, O’Neill & Shannon. “In an E. coli outbreak, the injuries that people suffer vary widely, and are mostly unique, so it doesn’t make any sense to try to lump people together in one lawsuit.” Added Denis Stearns, of Marler Clark: “Having been involved in over 100 E. coli lawsuits, I can tell you that each victim is different, and the class action approach just will not work. We intend to file individual lawsuit so that each of our clients can receive individual attention, as well as full and fair compensation.”

A Sizzler restaurant in Washington State was implicated in a previous E. coli outbreak in 1993. “The fact that another E. coli outbreak is occurring in a Sizzler restaurant seven years after this company already had such an outbreak underscores how important food safety truly is,” says William Marler. “At minimum, a company should learn from its past mistakes. Sizzler USA owns 95 restaurants and franchises another 253 throughout the United States.

This is not the first E. coli O157:H7 outbreak linked to contaminated produce served from a restaurant salad bar. In 1999, several persons became seriously ill in an E. coli outbreak that health officials eventually traced to contaminated lettuce sold at a Golden Corral restaurant in Nebraska. Contaminated cabbage was the source of two E. coli outbreaks that occurred in 1998 and 1999 at KFC restaurants located in Indiana and Ohio.

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Background: Marler Clark has extensive experience representing victims of food-borne illness. William 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 contaminated 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, and Wendy's. Marler Clark is presently representing children in an E. coli outbreak stemming from contaminated beef served in a school lunch.

For additional information on E. coli, visit www.about-ecoli.com.

More about the Sizzler E. coli outbreak can be found in the Case News area of this site.

 

MILWAUKEE, WI - Marler Clark, a Seattle law firm nationally-known for its successful representation of persons injured in food-borne illness outbreaks, and the well-respected Milwaukee law firm, Fox, O’Neill and Shannon, have filed lawsuit on behalf of Ervin Lesak of Milwaukee against the E. B. Management Company, the owner and operator of the implicated Sizzler franchise. The lawsuit claims that these companies are liable for the injuries and damages that Mr. Lesak sustained as one of the victims of the E. coli O157:H7 outbreak that has sickened at least 40 people and left one child dead.

Mr. Lesak ate at the Sizzler on July 18 and consumed food that was contaminated with the deadly E. coli bacteria. The Milwaukee Health Department has implicated Sizzler as the source of the E. coli outbreak and has narrowed the likely food that contained the deadly bacteria to improperly washed watermelon served from the restaurant’s salad bar that likely was cross-contaminated with uncooked ground beef. He tested positive for the deadly bacteria and was hospitalized for five days.

“This lawsuit is not being filed as a class action,” said Michael Hanrahan of Fox, O’Neill & Shannon. “In an E. coli outbreak, the injuries that people suffer vary widely, and are mostly unique, so it doesn’t make any sense to try to lump people together in one lawsuit.” Added Denis Stearns, of Marler Clark: “Having been involved in over 100 E. coli lawsuits, I can tell you that each victim is different, and the class action approach just will not work. We intend to file individual lawsuit so that each of our clients can receive individual attention, as well as full and fair compensation.”

A Sizzler restaurant in Washington State was implicated in a previous E. coli outbreak in 1993. “The fact that another E. coli outbreak is occurring in a Sizzler restaurant seven years after this company already had such an outbreak underscores how important food safety truly is,” says William Marler. “At minimum, a company should learn from its past mistakes. Sizzler USA owns 95 restaurants and franchises another 253 throughout the United States.

This is not the first E. coli O157:H7 outbreak linked to contaminated produce served from a restaurant salad bar. In 1999, several persons became seriously ill in an E. coli outbreak that health officials eventually traced to contaminated lettuce sold at a Golden Corral restaurant in Nebraska. Contaminated cabbage was the source of two E. coli outbreaks that occurred in 1998 and 1999 at KFC restaurants located in Indiana and Ohio.

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Background: Marler Clark has extensive experience representing victims of food-borne illness. William 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 contaminated 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, and Wendy's. Marler Clark is presently representing children in an E. coli outbreak stemming from contaminated beef served in a school lunch.

For additional information on E. coli, visit www.about-ecoli.com.

More about the Sizzler E. coli outbreak can be found in the Case News area of this site.