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: FindLaw's Common Law

Subway Sandwich Salmonella Outbreak Leads to Illinois Lawsuit

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Representatives of the Subway Sandwich restaurant chain in Illinois are apologizing for a salmonella outbreak that sickened more than 97 people in 28 counties across that state from mid-may to the early part of June. Although the exact cause of the contamination has not been pinpointed, the chain quickly replaced all its lettuce, green peppers, red onion and tomatoes from restaurants in Illinois as soon as it became aware of the contamination.

Subway, and its parent company Doctor's Associates Inc., apologized to the public. According to a report by Reuters, Subway issued a statement that said, "We are truly sorry for the difficulty this situation has caused you, our customer, and are working diligently to solve this mystery and to regain your trust."

Despite the quick response and the public mea culpa, the Subway sandwich spots have not been able to entirely avoid litigation. According to AboutLawsuits.com, Chicago resident Alicea Bush-Bailey is suing after she became sick from eating lunch at a Subway in Aurora Ill. Bush-Bailey's attorney says she was so sick by that evening, she was admitted to the ER for severe dehydration, abdominal pain and nausea.

Bush-Baily is suing Subway for negligence, strict liability and breach of warranty. The lawsuit seeks an unspecified amount of compensation for her economic loss and physical injury.

AboutLawsuits.com reports that this is the second food poisoning outbreak tied to Subway restaurants in Illinois this year. Just this past March, about 78 people became ill and another 11 were hospitalized during a shigellosis outbreak linked to a Chicago-area Subway.

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Full post as published by FindLaw's Common Law on June 25, 2010 (boomark / email).

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