LANCASTER – A Delaware man alleges he suffered a case of food poisoning after dining at a Lancaster franchise location of Texas Roadhouse last summer, and is seeking legal damages as a result.
Robert Lawrence of Newark, Del. filed suit in the Lancaster County Court of Common Pleas on Feb. 1 versus Texas Roadhouse, of Lancaster.
“On or about Aug. 21, 2022, plaintiff Lawrence, was a business invitee and/or otherwise legally on the subject premises when, as a result of the negligence and/or carelessness of defendant, individually and/or by and through its agents, servants, and/or employees, plaintiff consumed food that was improperly prepared and sickened plaintiff. At all relevant times, plaintiff acted in a safe, prudent, and reasonable manner and in no way contributed to her injuries or damages. As a result of this incident, plaintiff suffered severe and permanent bodily injuries,” the suit says.
“The negligence and/or carelessness of defendant, acting individually and/or by and through defendant’s agents, servants, and/or employee consisted of the following: a) Failing to train and/or hire agents, servants, and/or employees to prepare and handle food to prevent patrons such as plaintiff from contracting food poisoning from a food-borne pathogen; b) Improperly preparing and serving food to patrons such as plaintiff so as to cause them to contract food poisoning from a food-borne pathogen; c) Failing to provide a safe establishment for preparing food so as to avoid the risk of causing patrons such as plaintiff to contract food poisoning; d) Failing to adopt and/or execute policies governing the proper preparation, storage and/or serving of food so as to prevent patrons such as plaintiff from contracting food poisoning; e) Purchasing and using substandard products to be sold to and consumed by patrons such as plaintiff so as to create a risk of patrons such as plaintiff contracting food poisoning from a food-borne pathogen; f) Failing to properly cook the food consumed by plaintiff; g) Failing to properly inspect the food consumed by plaintiff; h) Failing to properly store the food consumed by plaintiff and i) Serving plaintiff food that contained food-borne pathogens.”
The suit adds that a host of severe injuries were then endured by the plaintiff.
“As a direct and proximate result of defendant’s negligent and/or careless conduct, plaintiff sustained the following serious and permanent personal injuries, serious impairment of body function, and/or permanent serious disfigurement, and/or aggravation of pre-existing conditions, including, but not limited to: Acute peritonitis, acute gastroenteritis, pneumatosis intestinalis, necrosis of the colon wall, bacterial infection of the gastrointestinal tract, colon perforation requiring hemicolectomy, vomiting, diarrhea, bloody stool and diarrhea, severe abdominal pain and cramping and other ills and injuries, all to plaintiff’s great loss and detriment,” the suit states.
For a lone count of negligence/carelessness, the plaintiff is seeking damages, individually, jointly and/or severally, in excess of $50,000, plus all reasonable costs and any other relief the court deems necessary.
The plaintiff is represented by Rebecca A. Sweeney of Morgan & Morgan, in Philadelphia.
The defendant has not yet obtained legal counsel.
Lancaster County Court of Common Pleas case CI-23-00720
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com