Lawsuit continues for 235 sickened with E. coli O157:H7 at Harvey’s in Ontario in 2008

In the fall of 2008, 235 people got sick dining at a Harvey’s fast-food restaurant at a major thoroughfare in North Bay, Ontario, about four hours north of Toronto (that’s in Canada).

A report by the North Bay and District Health Unit concluded the outbreak was probably caused by raw Spanish onions and poor cleaning of onion slicing machines.

Today, the North Bay Nugget reported that depositions are scheduled to continue this month in a class-action suit against the restaurant, according to the law firm handling the claim.

The statement of claim alleges Cara Operations Ltd., 1233280 Ontario Inc. and Summit Food Distributors were negligent because they provided food or beverages contaminated with E. coli, says the website for law firm Sutts, Strosberg LLP.

It says depositions started in November with a representative from each party asked questions about documents that had been produced and issues in the lawsuit.

These examinations were adjourned when it was learned the franchise owner also filed a separate lawsuit against Cara and others claiming the outbreak at the restaurant "ruined their business and caused the business to be sold at a loss."

The claim was filed on behalf of all people who ate the restaurant from Sept. 12, 2008 to Oct. 12, 2008 and all people who were infected due to secondary contact with them.

Lawsuit blames illness on pigeon droppings

Pigeon poop has been implicated in several public meltdowns, like when Kings of Leon left the stage at a concert last year (was anyone really disappointed?) or when swimmers at last year’s Commonwealth Games started barfing.

A Michigan man who once worked on the Soo Locks is suing his former employers, alleging that he suffered a debilitating illness from on-the-job exposure to pigeon droppings.

The Detroit News reports that 54-year-old Bruce Harrison sued Grand Trunk Western Railroad Co. and Canadian National/Illinois Central Railroad in federal court on Monday. His suit alleges that the companies failed to protect him from hazardous work conditions.

Harrison says he developed symptoms consistent with histoplasmosis — a respiratory disease that can be spread by spores in bird droppings — that have left him unable to work.

He worked on the Soo Locks from 1990 to 2006 and says he was exposed to pigeon droppings on the railroad bridges at the locks at Sault Ste. Marie in Michigan’s northeast Upper Peninsula.

Nosestretcher alert: Georgia couple claim they found a used tampon in cereal

That’s just gross; highly unlikely. Adults, eating Chocolate Chip Crunch cereal.

And the tampon.

A couple from Upson County, Georgia, is suing a grocery store chain in federal court, claiming that the husband found a used tampon in his bowl of cereal.

According to the complaint, Thomas and Lynn Roddenberry said they bought a box of Chocolate Chip Crunch cereal from the Save-A-Lot store in Thomaston in October 2008. A day after buying the cereal, Thomas Roddenberry said he discovered the tampon in his bowl after taking a bite of the cereal.

The man said he spit out the cereal, immediately became nauseated and went to an emergency room.

The suit was filed on Wednesday in U.S. District Court in Macon. A spokesman for Save-A-Lot declined to comment on the case on Friday, citing pending litigation.
 

Is that a condom in my soup or are you just happy to see me?

Associated Press reports a California man who says he ordered French onion soup and bit into a condom instead of melted cheese has settled his lawsuit against the Claim Jumper restaurant chain.

The terms of today’s settlement were not disclosed.

Both sides say in a statement the deal indicates no admission of liability by either party.

Judge certifies class-action suit against Ontario Harvey’s over 2008 E. coli

Been a long time since that Harvey’s E. coli O157:H7 outbreak in North Bay, Ontario that sickened at least 235 people who dined there in 2008.

A report by the North Bay and District Health Unit concluded the outbreak was probably caused by raw Spanish onions and poor cleaning of onion slicing machines.

Maybe they’re the same onions being used by all those Subway outlets in Illinois.

The statement of claim alleges Cara Operations Ltd., 1233280 Ontario Inc. and Summit Food Distributors were negligent because they provided food or beverages contaminated with E. coli, according to the website for law firm Sutts, Strosberg LLP.

It says the lawsuit includes family members and secondary infections of people who became sick through contact with others who had eaten at the restaurant.
 

Poop in pet store leads to lawsuit

The USA Today yesterday reported a Virginia man is suing mega pet chain PetSmart for $1 million after slipping in dog feces at their store in Newport News, Va.

Robert Holloway alleges that the retailer and its employees "negligently allowed animals to enter the premises and deposit feces in such a manner as to create a dangerous and hazardous condition" and that it should’ve been cleaned up. His suit claims that he slipped during the incident last year, injuring his back and knocking out four teeth. He was 69 at the time, according to the Virginian-Pilot.

A judge dismissed a suit brought in 2008 by a woman who said she slipped in urine and injured her knee at the same PetSmart location.

Raw milk rhetoric and those who threaten lawsuits

Three groups or individuals have knowingly tried to sue me for evidence-based food safety statements I have made over the years: a grower of raw sprouts, a grower of organic produce, and The Food Network in Canada.

It’s a telling list, to which the Weston A. Price Foundation can now be added – sorta.

On March 26, 2010, Mike Nichols of the Wilwaukee-Wisconsin Journal Sentinel wrote about raw milk, stating,

“… I had to ask the question that everybody is asking of late out in our nation’s capital. I asked it of Kathy Kramer, a nutritionist and office manager at the Weston A. Price Foundation in Washington, D.C., a place that vociferously supports drinking raw milk.

What if you get sick?

‘That is rare,’ she told me, adding that people have been drinking raw milk in some states for a long time.

But what if you do?

‘We just don’t see that as an issue,’ she said.”

Given the number of outbreaks and people barfing because of consuming raw dairy products, especially when compared on a per capita basis – number of sick people per food serving consumed, and the vast majority of people consume pasteurized products – I thought the statement was a little over-the-top and put it in barfblog.com.

“"We just don’t see that as an issue.” …

Lots of foods make people sick. Some of these illnesses are easily preventable. For an organization such as Weston Price that is often quoted or cited as some sort of authority on raw milk (or dentistry) to publicly state that people getting sick isn’t an issue demonstrates their priorities – and it doesn’t have much to do with you.

This was re-posted by Seattle-lawyer Bill Marler on his Marlerblog.com

(I know all this detail is boring and repetitive, but it may be going somewhere.)

Kimberly Hartke, who is apparently the publicist for the Weston A. Price Foundation, e-mailed Marler to say,

“Calling someone a ‘so-called’ nutritionist is as close to libel as I think
you can get.

“Kathy Kramer, when she had this conversation, was not even aware of the
foodborne illness issue going on in Wisconsin. She handles administrative
duties in the office, and doesn’t handle press inquiries, and from what I
understand she was not even aware she was talking to a reporter.

“Perhaps she should find a good attorney!”

Marler told her to talk with barfblog.com, “and if you sue, I would be honored to defend them. By the way, I think WP needs better press people.”

Hartke the publicist then e-mailed me to say the person who originally quoted in the newspaper was,

“… an adminstrative person in our office and does not field press inquiries, I do.

“So, needless to say, her remark is being blown way out of proportion, because it seems inappropriate under the circumstances.

“Please add this as a comment to your blog or tell your readers the truth behind her statement.

“WAPF consumers are extremely health and food safety conscious, which is why we source from local farms. We believe pasteurized, adulterated products of any kind are less safe, less nutritious.”

Marler’s right. This so-called publicist doesn’t seem particularly good at her job. People who proclaim to speak truth are demagogues who should not be trusted because they promote faith-based food safety. I eagerly await the data demonstrating that food from local farms is microbiologically safer that other farms.

And when it comes to data, a raw milk provider at the center of a legal battle in British Columbia told Toronto’s Globe and Mail newspaper Saturday she isn’t worried about anyone becoming sick from her milk, adding,

“’We do the very best that we possibly can.’ … Those who pay her for the milk and to look after the cows, which are tested annually for various pathogens, can visit the farm any time.”

She said her view is that raw milk is a pure form of God-given food, and business – via pasteurization – changes what’s pure. There have been times she’s wanted to stop the dairy, but her strong faith kept her going.

Similarly in Indiana, Kyra Miller said of the milk in stores,

"I would not call it a God-given food."

Instead, as she picked up milk from Forest Grove. "I’m getting it natural, straight from the cow. I know there’s no extra additives. I know his cows are grass-fed."

Grass-fed cows as a source of supposedly safe raw milk is another source of faith-based food safety. Trust is the essence of almost all food purchases. But data is required to verify that trust. And with these raw milk pushers, it’s just not there. Trust, but verify.

Doughnut holes or Timbits – whatever they’re called, toilets need to work

Yesterday I had to explain how doughnut holes are called Timbits in Canada.

A couple of colleagues came over to the house for a meeting, and I provided fruit and pastries, including the popular doughnut holes.

Tim Hortons, the Canadian money-making machine named after former hockey defenceman, Tim Horton, introduced the Timbit in 1976, and the term has become synonymous in the north with doughnut hole.

Whatever they’re called, they’re going to come out eventually. An Edmonton man who claims things literally went into the toilet for him after going to a south-side Tim Hortons has launched a lawsuit against the coffee shop giant.

Gerbrand Denes is suing Tim Hortons Inc. and Tim Hortons Canada Holdings for $121,000.

Denes alleges he was a paying customer at a Tim Hortons restaurant at 2133 99 St. on the evening of March 13, 2008, and had to use the washroom.

While “in the normal course of using” the facilities, Denes claims the toilet seat broke, which caused him to fall into the toilet and then onto the floor.

As a result of the fall – which he says was caused solely by the negligence of Tim Hortons – Denes alleges he sustained serious and permanent injuries.

Food service workers unite: Pink Floyd wins court battle with EMI over downloads

The British rock band Pink Floyd, a favorite for North American food service workers, won its court battle with EMI on Thursday, with a ruling that prevents the record company from selling single downloads on the Internet from the group’s concept albums.

Is that good or bad for restaurant back kitchens across the nation? The tune, Time, holds up well on its own, but the band wants the listener to experience the entire Dark Side of the Moon experience, which was fairly groovy when it came out in the 1970s, but a little dated, slow and self-indulgent today.

And who says rock’n roll is about attitude. Pink Floyd’s body of work is a coveted commodity. The band members Roger Waters, David Gilmour and Nick Mason all appeared on the 2009 Sunday Times Rich List with personal fortunes estimated at £85 million, £78 million and £50 million respectively.

Piles of vomit in restaurant and cockroaches in bedrooms on Dominican Republic ‘holiday from Hell’

One of my daughters is planning a trip to the Dominican Republic with a bunch of her friends to celebrate the end of high school.

I told her she had to get vaccinated for hepatitis A, and to be careful with what she ate.

The Northampton Chronicle & Echo reports this morning that piles of vomit, cockroaches in bedrooms and inedible food are among a litany of allegations raised by a group of Northampton (U.K.) holidaymakers in a High Court claim against tour operators First Choice.

Five groups from the town are suing the firm over an alleged "holiday from Hell" in the Dominican Republic, which they say led to them suffering food poisoning.

More than 400 holidaymakers are claiming about £3 million in damages in total, with allegations including faeces in the swimming pool, "stone-cold" food, flies and birds being allowed to pick at the buffet, and a hotel which smelt of sewage.

Claimants allege they suffered acute gastroenteritis following their stay at the all-inclusive four-star Bahia Principe Hotel in San Juan in the summer of 2007.