Theodora Phelps, Shannon Phelps v. McDonald's Corporation, K.R. Shulz Management Inc.
Published: Jun. 29, 2002 | Result Date: Mar. 22, 2002 | Filing Date: Jan. 1, 1900 |Case number: 762870 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Nancy L. Stagg
(Kilpatrick, Townsend & Stockton LLP)
Defendant
Experts
Plaintiff
Ronald A. Simon M.D.
(medical)
Defendant
William Fenical
(medical)
Frederick Fung
(medical)
Facts
The plaintiff, a 40-year-old administrative assistant, purchased and ate a fish fillet sandwich from the defendantÆs
restaurant in Encinitas. Later that day, she claimed she had difficulty breathing. The condition did not abate
and she was taken to urgent care where she was diagnosed with fish poisoning.
Settlement Discussions
The plaintiffs demanded $90,000; the defendants offered $30,000.
Specials in Evidence
$13,500 $3,000
Injuries
The plaintiff claimed that she suffered ciguatera fish poisoning which caused her rashes, headaches, neurological and cardiac problems as well as difficulty with breathing and swallowing.
Deliberation
one day
Length
six days
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