Thomas Paradise, Esq. and Belinda Scott, Esq. (Broward/Hollywood, FL) (Foodborne Illness) obtained a Summary Judgment in the case styled Anthony Jackson v. C&S Restaurants LLC d/b/a Burger King.
The Plaintiff filed a lawsuit based on allegations that he became seriously ill after eating at the Defendant’s Burger King restaurant. The Plaintiff indicated that as a result of the food he consumed from Burger King, he was hospitalized for a week and diagnosed with food poisoning. During discovery the Plaintiff made numerous allegations regarding the incident and the illness that he allegedly suffered. However, we were able to establish through the medical records and the Plaintiff’s own testimony that the Plaintiff was unable to prove his case, specifically as to the issue of causation. Additionally, we filed an affidavit from the president/owner of C&S Restaurants indicating there had been no complaints of food poisonings on the day in question or for the entire year at the restaurant. Based on the above evidence or lack thereof, we filed a Motion for Summary Judgment based on the Plaintiff’s lack of direct or circumstantial evidence that his illness was caused by the food purchased at Burger King. The judge agreed with our position and granted our Motion for Summary Judgment in favor of the Defendant.