---
title: Salmonella Cases Go To Court
date: 2002-11-14T01:53:01-08:00
author: admin
canonical_url: "https://marlerclark.com/news_events/salmonella-cases-go-to-court"
section: Case News Additional
---
[All News](/news_events) / [](https://marlerclark.com/news_events) /

# Salmonella Cases Go To Court

 

 

  Thirty-five lawsuits have been filed at the Mitchell County Clerk of Court's office surrounding the April, 2002 salmonella outbreak at Western Sizzlin' in Spruce Pine.William Marler, attorney for the plaintiffs, said that the lawsuits will be consolidated at some point in the future, but are not part of a class action lawsuit.

Marler said the 35 lawsuits are the result of a breakdown in negotiations between the plaintiffs and the Western Sizzlin' insurance representative.

Mark Kurdys, the attorney of record for Western Sizzlin', said the negotiations between the two sides broke down after a large conference at town hall recently.

Neither Marler nor Clark know when to expect any further action in the proceedings. Both sides said they would have preferred a settlement to have come from the conference.

Darrin King, owner of the restaurant, talked to some of the families at the conference. Marler said King showed great compassion for the families that had suffered illnesses.

"He was a stand-up guy," said Marler. He said King and the local restaurant had cooperated with the investigation completely.

In a press release, Marler said the insurance company for Western Sizzlin' made offers that were unreasonable to his clients and now a jury would decide.

"Now it will be up to a jury to decide what the price of poisoning customers really is," he said.

Kurdys said his client had hoped that a settlement would have been the best for everyone involved, but he no longer felt that was an option.

"I would not say anything to influence any citizen of Mitchell County in this case," said Kurdys.

He believes there was no evidence of negligence on the part of the restaurant.

The first of the cases is set to go to trial in February, according to Marler.

 

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### Lawsuit updates about foodborne illnesses

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 [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) 

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##### 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)
