McDonald's sued over food poisoning incident

By Jon Campisi | Dec 6, 2012

A Philadelphia family who allege they developed severe food poisoning after eating at a local McDonald’s restaurant have filed a personal injury claim against the fast food eatery in state court.

Jalil Brady, Aneesah Brady and Aminah Brady are suing on behalf of themselves, and two minor children, over claims that they became sickened after purchasing and eating food from the McDonald’s restaurant located at 7500 City Avenue in Philadelphia.

The individual restaurant and McDonald’s Corp. are named as defendants in the civil suit, which was filed Dec. 3 at the Philadelphia Court of Common Pleas by attorney Douglas T. Ominsky of the Philadelphia firm Ominsky & Ominsky.

The plaintiffs claim they all fell ill after eating at the restaurant back on Dec. 22 of last year.

All suffered from vomiting, abdominal pain, diarrhea, nausea and mental and physical pain, “by reason of which they were rendered stiff, sore, lame, prostrate, and disordered,” the complaint reads.

The plaintiffs claim they had to spend various sums of money for medicine and medical attention, and were prevented from carrying out their usual activities and duties because of their respective illnesses.

The lawsuit accuses the defendants of negligence, carelessness and recklessness for permitting food to remain in a defective condition, selling and distributing food that was unsafe and contaminated, failing to take reasonable steps to ensure that customers would remain free from unnecessary and unreasonable harm, failing to regularly inspect the food ingredients to ensure that it was maintained, handled, prepared and remained in a safe condition, failing to maintain a clean kitchen area, and failing to force employees to wash their hands prior to handling and cooking the food.

Aside from the negligence claims, the lawsuit also contains counts of strict liability and breach of implied and express warranties.

The plaintiffs seek $50,000 in damages, along with interest, costs and attorney’s fees.

An arbitration hearing has been scheduled for early August 2013.


The case ID number is 121200060.

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