SACRAMENTO – A Rocklin man is seeking damages from a restaurant over allegations his minor child became ill due to E. coli after eating romaine lettuce.
Taylor Fitzgerald, individually and as parent and guardian of minor R.B., filed a complaint on May 11 in the U.S. District Court for the Eastern District of California against Papa Murphy's International LLC, doing business as Papa Murphy's Take N Bake; Does 1-10; and Roe Entities 1-10 alleging breach of warranty, strict liability and negligence.
According to the complaint, on April 10 his minor child consumed romaine lettuce at the defendant's restaurant that was contaminated by E. coli. The suit states R. B. was hospitalized from April 14 to April 30 because of the illness and required four blood transfusions.
The plaintiff holds Papa Murphy's International LLC, Does 1-10 and Roe Entities 1-10 responsible because the food sold by the defendants allegedly was not fit for human consumption.
The plaintiff requests a trial by jury and seeks judgment against the defendants for just compensation, and additional and/or further relief as the court deems just, including interest, costs and attorney's fees. He is represented by Craig Murphy of Murphy & Murphy Law Offices in Ventura.
U.S. District Court for the Eastern District of California case number 2:18-cv-01214