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Personal Injury (Non-Vehicular)
Product Liability
Food Poisoning

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

Frederick L. Link

Court

San Diego Superior


Attorneys

Plaintiff

Nancy L. Stagg
(Kilpatrick, Townsend & Stockton LLP)


Defendant

Richard L. Scott


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


#97677

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