One salmonella lawsuit against a local Mexican restaurant was dismissed Friday in the Athens County Court of Common Pleas more than a year after a
salmonella outbreak at the restaurant.
Thomas Earl Ellis, of Glouster, filed a lawsuit against Casa Lopez, 1017 E. State St., on July 6, 2010. Ellis claimed the food he ate at the restaurant gave him salmonella during Ohio University Mom’s Weekend 2010 — Ellis was one of 45 people who reported salmonella infection and illness that weekend.
The Athens County Court of Common Pleas dismissed the lawsuit with prejudice due to an agreement by both parties, according to court documents. The court costs are to be paid by Casa Lopez.
When Ellis filed the lawsuit, he claimed he suffered from nausea, vomiting, diarrhea, stomach cramps and other symptoms, which caused him to seek medical attention after eating a burrito, refried beans and rice at the restaurant.
Ellis asked for $25,000 in compensatory damages, according to court documents.
Casa Lopez responded to Ellis’ complaint July 16 denying all the allegations.
The company claimed that the incident occurred because of Ellis’ own and a third party’s negligence.
Casa Lopez asked the court to dismiss the complaint with prejudice and to order Ellis to pay all court costs, according to court documents.
Another of the 45 people who reported salmonella-related symptoms, Tyler Nay, a senior Ohio University student, is also suing Casa Lopez. The case is still pending and is set to go on trial Feb. 2, 2012.
The Athens City-County Health Department investigated all 45 cases of salmonella symptoms reported that weekend.
The department investigated Casa Lopez again Jan. 20 after deer meat was found in its freezer. The meat belonged to an employee, who kept it in the freezer without permission. The restaurant was cited for violations of health and restaurant regulations.
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