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Personal Injury
Strict Liability
Food Poisoning

Stuart Jay Weiss, et al. v. Jerry's Famous Deli, Inc., et al.

Published: Aug. 22, 1998 | Result Date: May 7, 1998 | Filing Date: Jan. 1, 1900 |

Case number: EC015987 Verdict –  $431,443

Judge

Carl J. West

Court

L.A. Superior Burbank


Attorneys

Plaintiff

Mark E. Fingerman

Howard K. Alperin


Defendant

John L. Setchell


Experts

Plaintiff

Murray Mulligan
(medical)

Facts

On Aug. 21, 1994, defendant Jerry's Famous Deli delivered food to plaintiffs (stage crew, actors and studio executives) at NBC Studios. Additional plaintiffs (a 2-year-old child and a 52-year-old homemaker) bought food directly from defendant Jerry's Famous Deli in Studio City on the same day. All of the plaintiffs developed food poisoning caused by salmonella bacteria. The common food eaten was sliced turkey. The duration of the illnesses ranged from a few days to several weeks. The plaintiffs brought this action against the defendants based on strict liability, negligence and infliction of emotional distress.

Settlement Discussions

The plaintiffs made a settlement demand for $1 million before trial. The defendants made an offer of $17,000.

Injuries

The plaintiffs suffered food poisoning.

Other Information

The verdict was reached approximately three years and seven months after the case was filed. ARBITRATION: A prior judicial arbitration was held resulting in an award of $39,000. Both parties requested a trial de novo.

Deliberation

1½ days.

Poll

12-0

Length

six days


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