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Lawsuit Filed Against North Carolina Restaurant

A North Carolina man, one of more than 10 people sickened with Salmonella infections, has filed a lawsuit against the Charlotte restaurant whose Eggs Benedict he alleges made him ill.


The complaint against the restaurant, Toast of Dilworth, was filed this week in Mecklenburg County Superior Court by the Seattle food safety law firm Marler Clark on behalf of Charlotte resident Bryan McWherter.  (Marler Clark is the sponsor of Food Safety News.)

According to the complaint, approximately 12 hours after eating at Toast of Dilworth on March 25, 2012,  McWherter became ill with a gastrointestinal symptoms, which worsened over the next several days. He sought medical treatment on March 27, but continued to suffer from severe abdominal cramps and diarrhea for the next 10 days. 

Tests of a stool specimen collected were later returned with positive results for Salmonella enteritidis.

On April 9, McWherter’s left ankle began to swell and he experienced arthritic pain in both his ankle and left wrist. The pain and swelling spread to his left knee and both elbows over the next two days, and he again sought medical treatment on April 11 for what was determined to be reactive arthritis secondary to Salmonella infection.

In addition to the reactive arthritis, which is likely permanent, the plaintiff is alleging the infection caused economic loss, including medical expenses and lost wages, as well as physical and mental suffering.

“Toast of Dilworth owed Bryan McWherter a duty to serve him food that was safe for human consumption,” said his attorney, Bill Marler. “A customer who orders an egg dish doesn’t expect to miss multiple days of work and incur significant medical expenses because they ordered something contaminated with Salmonella. Salmonella shouldn’t be in our food.”

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