Willard man seeks $25,000 from Casa Fiestain lawsuit over suspected salmonella case

A Willard man is seeking $25,000 in damages in a civil lawsuit against Casa Fiesta restaurant, alleging the Milan Avenue business served food with salmonella bacteria. In court papers filed Tuesday in Huron County Common Pleas Court, Kody Dewitt, of 612 S. Myrtle Ave., says he "became severely ill,' was hospitalized and suffered undisclosed "bodily injuries' after being a customer April 25 at Casa Fiesta. The plaintiff also says he "suffered a loss of wages and will incur additional such losses in the future' because "his earning capacity has been permanently impaired.'
Cary Ashby
Jul 25, 2010

 

A Willard man is seeking $25,000 in damages in a civil lawsuit against Casa Fiesta restaurant, alleging the Milan Avenue business served food with salmonella bacteria.

In court papers filed Tuesday in Huron County Common Pleas Court, Kody Dewitt, of 612 S. Myrtle Ave., says he “became severely ill,” was hospitalized and suffered undisclosed “bodily injuries” after being a customer April 25 at Casa Fiesta. The plaintiff also says he “suffered a loss of wages and will incur additional such losses in the future” because “his earning capacity has been permanently impaired.”

Dewitt’s attorney, James Martin, could not be reached to elaborate this morning, and Dewitt’s telephone number was unavailable.

Casa Fiesta was issued a summons by mail Wednesday afternoon. The defendant has 28 days to answer the complaint; then a hearing can be scheduled.

Dewitt is not the only customer planning on taking Casa Fiesta to court.

A woman who works in another Norwalk food service establishment said she became sick after eating there April 25 and missed a week-and-a-half of work. Originally thinking she had the flu, the woman — who declined to be identified — went to Fisher-Titus Medical Center on April 29 because she was dehydrated. The hospital confirmed she had salmonella poisoning.

“I have never felt pain like I have from this salmonella infection that I got from a little lunch,” the woman said Wednesday.

The Huron County General Health District is investigating 25 reported cases of recent food poisoning from the Norwalk restaurant.

Casa Fiesta voluntarily threw out all food on hand when the health department contacted manager Gustavo Enrquez about possible contamination. The owner also closed his restaurant for a day to disinfect and deep clean it before reopening Friday evening.

Huron County Health Commissioner Tim Hollinger expects to get the results back today from the samples he sent to the Ohio Department of Health for testing. He could not be reached for comment today, but has said any food service employee must follow special rules before returning to work after contracting food poisoning.

“If you’re a food worker, it’s very important not to go back to work until you get two clean samples,” Hollinger said Wednesday.

The samples must be taken at least 24 hours apart.

Enrquez said none of his Casa Fiesta employees have gotten sick from the food at the restaurant. He also said they have been properly trained in food service requirements and follow state laws.

Comments

Andrew Ba

25,000 that won't even pay his attorney better think bigger,you might lose

Arches

Didn't Ponderosa, the site's previous occupant receive frequent health code violation notices?

I ain’t superstitious, but…

Betherella

I think people should only sue for their actual losses if they want to sue. Too many people just sue because they have an opportunity to try to get lots of money. I don't think Casa Fiesta gave people salmonella on purpose. I just think people sue for way too much money.

formernorwalkian

Maybe the salmonella originated from a source other than the restaurant. It could be from contaminated food from a supplier. Did you all ever think of that? Why on earth would you file a lawsuit before the health dept finishes their investigation?

I guess they think they can get easy money. I would think it best to wait and sue when you find out who the guilty party is.

rerussell74

The froth had not yet settled in the toilet bowl at the Dewitt house and there was already a lawsuit being filed in this case. What ambulance chaser pounced on this incident and is now trying to find the other 24 that had food poisoning ?

Seriously, it took not quite 10 days for this lawsuit to be filed. Is that some kind of record ?

I'm sure the pain was intense and nobody wants to lose several days pay, but $25 G's ? Why stop there ? They've probably got insurance, why not make it $250,000 or one-meeeeeeeelion dollars ?

Keep in mind that when insurance has to pay excessive claims like this, it has the potential to increase all of our rates. The business owner will end up paying the bill, so they have to increase prices, so there goes the $4.99 lunch specials.

Best wishes and a speedy recovery to all 25 of you, especially the 23 that haven't filed or threatened to file a lawsuit.

David Deerest.

What in the world does this guy do for a living? I mean, he says because “his earning capacity has been permanently impaired"...?????

AlterEgo

Wow, talk about white trash.....Less than 10 days and already felt good enough to go see an attorney. Maybe the guy is in gay p@rn and can no longer make a living because he rectal cavity is out of order.

David Deerest.

AlterEgo, my thoughts exactly.

Lillie Chaos

Just a thought here----Jim Martin is a good honest guy.
Did you ever think that just maybe the guy did spend time in the hospital and this is the only way to get any help with the bills? Maybe they just want to ask for enough to get the bills paid and not get rich over the whole mess but
if you don't pursue it you end up footing the bill all on your own.

Jim Martin is not an ambulance chaser. I don't know all the facts....but I do know Martin has ethics.

Mr. Carpenter

Jim Martin is a good egg.

I did laugh at Alter Ego though.

steve (Anonymous)

I personally think all this salmonella drama smells like a set up by the competition, besides there is nothing that proves casa was the source, I will always continue to get my chimichangas, enchiladas, and my favorite # 43 chicken shrimp and steak fajitas,

rerussell74

steve - Does the #43 have all three in one or three separate fajitas ? And what's the number on the menu for that big, flaming bowl of food ? It looks really good, but I've never found it in the menu and I always forget to ask Gus.

By the way, I posted this on the other "Let's Sue Casa" (LSC) story. Thought I'd share it here:

Food poisoning is an awful affliction, as ohyeah and 24 others know. It shouldn't happen to any of us, especially a 2 year-old, but it does:

Incidence (annual) of Food poisoning: about 76 million cases annually in USA
Incidence Rate: approx 1 in 3 or 27.94%

http://www.wrongdiagnosis.com/f/...

For emphasis - ONE IN THREE -- chance of getting food poisoning. It's a wonder any of us are up walking around after breakfast, lunch or dinner.

What is sad that, before the last flush of the toilet from this illness, those that are stricken are ready to sue because "they've got insurance". And there's certainly some ambulance chaser out there that will take their case and further tie up the court system. When the aggregate costs of these lawsuits are calculated and the insurance rates go up, we ALL pay more, not just the business.

Or do you just want to make the business suffer because you suffered ? They voluntarily closed their doors as soon as they heard about this, threw out all their inventory and disinfected the entire building. And they cooperated fully with the Health Department and didn't try to cover it up with the media. If the loss of revenue for those days isn't enough suffering, how about you throw in the fact that all of their employees lost several days pay (and tips) when the business was closed ?

Poisoning people is not ok, really, but neither is filing a lawsuit just to exact your pound of flesh.

David Deerest.

Richard, don't be fooled by that big flaming bowl you speak of. That's exactly what it is. A big flaming bowl. My wife ordered it once...it's only 2 inches deep, despite the fact bowl looks several inches deep from the outside. It's got a variety of dead meats and poultry in it. Maybe a fish part or two. I think it's #76???

Rumor going around now that it was NOT cross contamination that contaminated the 'food' in the first place that made you all sick. Appaerntly, it's straight from a worker...they'll all be tested next.
Can't wait for the final chapter.

bobaluey

you guys wouldn't be so quick to defend Casa if you could have seen the antics they pulled over at the old el cap. location in bellevue... I also understand that they left quite a mess with the plumbing in the restrooms and kitchen. Have you read the their records on norwalk muni. court?? I wouldn't trust these people to serve me... I would be afraid of what kind of communicable germs they are carrying...Wouldn't you all??? I mean if most of them are illegal why would they be vaccinated??

swiss family

i love it that the workers at Casa are referred to "those people" and "them" what exactly does that mean??? it seems that the Casa workers are being lumped into some sort of category with the workers at the Chinese and Japanese restaurant workers as well...by some of the faithful and constant blogger on here..
do you realize that when you refer to any group of people as"them" or "those people" you are showing what a true racist you really are???
just because you don't use the term "Mexican' or Asian" doesn't mean that the rest of"us" don't know what you are saying...and i, for one do not like to be lumped in with you, when you are being a racist... and i don't want to be considered to be one of "us" like you call me...
like i said before, racism is like cancer, and i don't want to be a destructive cell, like you are lumping me into

bobaluey

@ swiss--too damn bad--then do us all a favor and go away...better yet, go eat at and be served by those people...and hey, take your chances.. don't think for a minute that those people aren't racist themselves ..why do you think they are invading this country. I call everybody that..I don't care who they are.

David Deerest.

Swiss, you do this crap on purpose...you stick up for the Gravelle's, you won't leave Skip alone, you love to eat at Casa, it's ok for a state rep to show p0rn to kids since he's not running for 'Pope' and now it's OUR fault for 'LUMPING' you into this?? What does THAT mean?

And to Richard, the name of that dish is called a Molejete? Something to that effect. If you try it, tell Gus Deer Dave sent you.

rerussell74

I... I... I feel faint. Kinda woozy. Because... Because... I agree with Swiss. Oh, oh, oh, I can't believe I'm saying it.

As soon as I saw "those people" in a comment, that has nothing to do with this issue. Food contamination can come from any eatery, no matter who staffs it. And know that you can and do have bacteria right in your own, good ol' All-American kitchen.

The staff at Casa are working folks, just like you and me, and they work darned hard from what I've seen.

Ohhhhh, agreeing with Swiss, I think I need a drink. Gimme a Scotch.

steve (Anonymous)

Hey, richard The Flaming bowl is called Molcajete #74 on the menu. And #43 does have it all togetther same as #74 but diferent version. Just to add to starreyes comments on backgrounds. Every country has good and bad people, I'm Getting hungry now, UMMMMMMM!!! should I get number #12 tomorrow lunch fajitas mix for only 6.99 OHH yes I will way better than just a hamburguer. Let's just live life happy.

ohyeah28

I personally loved to eat at Casa, however I'll pass now. I liked the people there, never got real personal, they (the workers), could never understand me and I never could understand them. The only prejudice I have for anyone is to someone who hurts me or people I care about. I was hurt other people hurt, and someone should be held accountable, so no one else gets hurt. I dont want anybody to pay for something they didn't do, thats why this investagation needs to wrap up. May it be the vegetables, the chicken, the shrimp, a different company, or an employee who doesn't wash his hands, what happend sucks bad, and I hope that person or people have to own up. This is America everyone has a right, maybe not the ability, to be successful.

David Deerest.

Richard, I'll get my bottle of Glen Levitt. We both need a shot or 7 after that!

swiss family

to Deer Dave" let me take this real slow for you... i only stood up for the Gravelles in the fact that it was no wonder that their relationship between themselves blew up.. i said that it turned into them vs. the world, and every aspect of their lives was under the microscope!!! so tensions had to be high.. and who could live under that much stress everyday without cracking???
you say that i won't "leave Skip alone, and love to eat at Casa" i am NOT jumping on Skips character.. or his principles.. i think that he is a fine guy, and helps his community and his fellow man in many , many ways.. BUT i do think that it is ironic that the reflector showed a video, of him distributing his companies pizza, and knowingly ignoring the health codes, that he is fully aware of... he knew that he needed some kind of hair restraint, a hat, something.. as proved by "terisizemore" in her blogs.. he was always telling her to wear her hat, so he definately knew better..why didn't he follow the health codes.. and to watch people grabbing ahold of the pizza and ripping off their slice, thus contaminating the remaining slices, is just gross..
imagine if you will , that there was a video of the workers, or better yet, the owner of Casa, ignoring the health codes so blatantly!!! people would be outraged.. i just believe what is fair, is fair!!!
and please get your facts straight, before you seem to quote what i say.. i didn't say that it was ok for a state rep to show filth to anyone.. you make it sound like he was showing an X rated film to them behind their teachers , and their parents backs.. you know that this is NOT what happened..it was a mishap, a mistake, and 1 or 2 photo's were shown, and he immediately pulled the plug... i just wish the same could be said for the abusing, and sick parish priests, and coaches in the area.. and i am talking about generations past, i just pray that this no longer goes on..

cicilydom

So u sit there and say.. "thoes people"?? umm do u not know that this country was founded by indians?? so you are some of thoes people too!.... Remember this what u do unto others will be done unto you! so screw you and your racist comments! Let this be known this is the year 2008 mixed babies are made everyday and i hope that it happens to your family so that you may open you eyes and see that we're all GOD's children! If you dont like the people who work there then DONT GO!!!!!! You place youself so high.. and who are you to judge ne one! This whole ordeal was all about food. how did we get to a racial issue?? How about this ALL of YOU grow UP!!! I bet ne one $1,000 that "thoes" hispanics work way harder then ne of us LAZY americans! Hahaha havent u seen the news were the laziest country out there! So what are u jealous that there are people out there who actually WORK for their families!??!!
So here why dont we just stop all this now and we can make casa 1/2 american and 1/2 mexican and see whos really racist out there, Cuz in all honesty noe one likes a raciest person... I sure as hell wouldnt was a all white person with blue eyes and blone hair waiting on me at Applebees... How STUPID do u SOUND!!!!!!!

cicilydom

Oh and one more thing... so because i work in a mexican resturant, look spanish and speak a lil spanish.. ur callin me one of "thoes" people too??.. Haha lil do u know I AM a AMERICAN just like you so screw yourself buddy!

rerussell74

"...founded by Indians" ?

fruitypebbles

You mean like the Cleveland Indians? (sorry, I just had to) Seriously, why do you think 'we' are the 'laziest country out there'? BECAUSE OF THE WELFARE SYSTEM SWEETHEART. THOSE is not spelled thoes and NO doesn't have an 'e' at the end. If you're going to call someone STUPID (in all caps, none the less) on here maybe you should use spellcheck before you do it. Wow.

cicilydom

ok so whatever i was at work and didint have much time to check everything thank you.. no like check the history books! the white man took this country from the Indians! we are the laziest seeing that is was all over CNN!!thank you! thats why i call us the laziest! Iam actually one of u people so dont think that a bunch of mexican are writing this bc their not this is actually a casa fiesta employee that this is comming from! so u may think whatever you want but only I know what really going on in all these casa fiestas so you and everyone else can say what they want about the food the people but that only show me as a American what kinda cold hearted people we have living this is country!

Chad Eitle (Ano...

To cicilydom:
In response to your question: "How STUPID do u sound?"
I counted 21 spelling errors in your post.
Actually, America was "founded" by white immigrants. Indians were the indigenous (that means they were here first, since you are obviously no english major) people.

So to answer the question you posted: "How STUPID do u sound?

I'll put it in terms that you will understand:

WAAAAY LESS STUPIDER THAN U.

David Deerest.

Swiss, meet cicilydom. cicilydom, meet swiss.

2 peas in a pod.
But I think swiss has an encyclopedia or a dictionary or better yet figured out that the red line means it's spelled wrong. Good Lord!

Chad Eitle (Ano...

To cicilydom:
Only 8 spelling errors in the last post.
"I am actually one of u people"
Let me publicly state that I do not claim "u" in any way to be a member of the same group of people as myself.
You say you are a Casa Fiesta employee.
What a fine example of an employee you are by these posts. I am starting to see why you wait tables for minimum wage now. Obviously not a graduate of college.
YOU are what's wrong with this country. Not laziness. Watch less CNN and try reading a book for a start.

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