Confidential
Settlement – $36,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
William C. Wilson
(Wilson Getty LLP)
Matthew J. Liedle
(Liedle, Larson, Lidl & Vail LLP)
Facts
The plaintiff ate beef ribs and fish she had purchased from defendant A on Aug. 14, 1998. The plaintiff woke up the following morning suffering from nausea, diarrhea and vomiting. These symptoms increased throughout the day and evening. Testing of plaintif identified salmonella seroype montevideo/salmonell C. Testing of the remaining fish and ribs indicated that the fish was contaminated by the same organism.
Settlement Discussions
The plaintiff demanded $37,000 to settle the entire lawsuit. Defendant A served a C.C.P. Section 998 offer to the plaintiff in the amount of $2,500. The plaintiff did not accept. Defendant A agreed to pay the plaintiff $15,800. Defendant C agreed to pay the plaintiff $15,800. Defendants D agreed to pay a total of $5,000. The action against defendant B was dismissed prior to trial. The parties stipulated that cross-complaints and the entire underlying action be dismissed with prejudice.
Specials in Evidence
$10,630.85
Injuries
The plaintiff suffered from nausea, profuse diarrhea with specks of blood, fever of 102F degrees, chills, vomiting, and generalized weakness. The plaintiff was diagnosed with salmonella food poisoning.
Other Information
Cross-Complaints were filed in this case. Continent E&I v. Leonid Mishteynvd Sausage Factory, Rio Import & Export Ltd, Bill Furleiter, Royal Baltic & Royal Deve, et al. Leonid Mishteynvd Sausage Factory v. Continent E&I, Rio Import and Export Ltd, Bill Furleiter, Royal Baltic & Royal Deve, et al. Bill Furleiter and Royal Baltic & Royal Deve v. Content E&I
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