LANCASTER – A Delaware man has reiterated claims that he suffered a case of food poisoning after dining at a Lancaster franchise location of Texas Roadhouse last summer.
Robert Lawrence of Newark, Del. first 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 said.
“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 added 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 stated.
Counsel for Texas Roadhouse filed an answer and new matter on March 17, denying liability for the plaintiff’s injuries and denying that the food products the plaintiff consumed were either defective or contaminated.
“Plaintiff’s complaint fails to state a claim upon which relief may be granted and answering defendant reserves the right to move to dismiss plaintiff’s complaint accordingly. Plaintiff’s complaint is barred and/or limited by the terms and conditions of the Comparative Negligence Act for the Commonwealth of Pennsylvania, the relevant provisions of which are incorporated herein as though the same were more fully set forth at length. If plaintiff sustained any injuries and/or damages, then said injuries and/or damages were caused by the negligence of plaintiff himself. If plaintiff sustained any injuries and/or damages, then said injuries and/or damages were caused by the negligence and/or actions of third persons and/or parties over whom answering defendant exercised no right or power of control. If plaintiff sustained any injuries and/or damages, then said injuries and/or damages were caused by his consumption of food products not sold, distributed, cooked, assembled and/or prepared by answering defendant,” the new matter stated, in part.
“Answering defendant denies that it had actual and/or constructive notice of any allegedly dangerous, unsafe and/or defective conditions. At all times relevant hereto, answering defendant denies that its food products were in a defective condition. At all times relevant hereto, answering defendant denies that it sold, distributed, cooked, assembled and/or prepared any food products in a defective condition. At all times relevant hereto, answering defendant denies that it sold, distributed, cooked, assembled and/or prepared any food products in a condition that violated local, state and/or federal rules, regulations, codes or standards. Answering defendant denies that any of the food products it sold, distributed, cooked, assembled and/or prepared caused plaintiff’s alleged injuries and/or damages. Answering defendant denies that any of the food products it sold, distributed, cooked, assembled and/or prepared contained defective warnings and/or instructions.”
UPDATE
In a May 19 reply to the defendant’s new matter, plaintiff counsel rejected it in its entirety.
“[The defendant’s new matter is] denied as conclusions of law to which no response is required. Strict proof thereof is demanded of each and every allegation at the time of trial,” the reply stated.
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 is represented by Jennifer Glazer Shorr of Weber Gallagher Simpson Stapleton Fires & Newby, also in Philadelphia.
Lancaster County Court of Common Pleas case CI-23-00720
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com