October 30, 2007
Third party suit against church in E coli case
So who is liable? The producer, seller, cook, or church group? Here's how Bill Marler's post begins:
In one of the boldest, yet boneheaded, moves I have ever seen in 15 years of litigating E. coli O157:H7 cases, after we sued it, Nebraska Beef filed a third party complaint against the Salem Lutheran Church of Longville, Minnesota claiming, among other things:
That, upon information and belief, an environmental assessment of the church kitchen and food preparation procedures by the Minnesota Department of Health indicated that there was a high potential of cross-contamination between the ground beef [filled with pathogenic cow shit] and other foods during food preparation.
That, upon information and belief, the damages sustained by the Plaintiff[s], if any, [one died of E. coli-related complications, and one suffered acute kidney failure] are the direct and proximate result of the negligence and/or other fault for tortuous conduct of Third-Party Defendant Salem Lutheran Church.
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