In a recent development, the Appellate Division, First Department of the New York Supreme Court has greenlit the continuation of a lawsuit filed by an E. coli victim against Chopt Creative Salad Co. LLC. The decision, delivered on February 13, 2023, marks a significant stride forward for Plaintiff-Respondent Alison Goldman in her nine-year legal battle against the salad company.
Alison Goldman initiated the lawsuit against Chopt Creative Salad Company in Bronx court after falling ill subsequent to consuming a half salad sandwich at one of the company’s restaurants on April 18, 2015. Despite initial efforts by Chopt to seek dismissal through a motion for summary judgment, Bronx Judge Leticia M. Ramirez upheld the trial judge’s ruling, allowing the lawsuit to proceed.
Chopt Salad, headquartered in New York State and boasting approximately 79 locations nationwide with 19 in New York State alone, faces allegations from Goldman regarding the contamination of its food products. Goldman reportedly experienced gastrointestinal distress within 9 to 11 hours post-consumption, ultimately leading to a diagnosis of enteropathogenic E. coli infection (EPEC) and hemolytic-uremic syndrome (HUS), as stated by the appellate court.
The court found Chopt’s evidence insufficient to disprove contamination of the spinach in Goldman’s salad sandwich or to refute the causation of her illness. While the defense presented circumstantial evidence such as negative tests for other pathogens in the spinach and the absence of reported illnesses or employee absences, the court deemed it inconclusive. On the contrary, Goldman’s submissions, including medical records, expert opinions, and laboratory tests indicating the presence of EPEC in her stool, were deemed sufficient to raise a triable issue of fact.
The crux of the dispute lay in conflicting expert opinions regarding the nature of Goldman’s illness and the strain of E. coli detected. While Chopt’s expert suggested atypical HUS unrelated to a foodborne pathogen, Goldman’s medical expert and treating physicians attributed her condition to typical HUS resulting from the EPEC infection. With unresolved issues of fact and credibility, the court deemed the case unfit for summary judgment.
As the legal battle presses on, this appellate decision signals a pivotal moment for Alison Goldman and sets the stage for further proceedings in her pursuit of justice against Chopt Creative Salad Co. LLC.
Source: Food Safety News
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