Items of Interest

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Juanita Jones v BBG Specialty Foods, Inc., d/b/a Taco Bell

August 19, 2022, Scott D. Festin obtained summary judgment for BBG Specialty Foods, Inc., d/b/a Taco Bell (“BBG”). The plaintiff alleged she fell ill within hours of consuming food from BBG’s restaurant, and the food caused her to fall ill. The plaintiff admitted the food tasted, smelled, and appeared normal. She attributed her illness to the food solely because of the proximity in time between consumption and illness. BBG argued her claims failed as a matter of law because she failed offer proof of breach of duty beyond mere consumption and subsequent illness, and, in addition, there was no foodborne pathogen that could cause the types of symptoms she experienced within a matter of hours. The Circuit Court agreed reasoning the plaintiff failed to provide medical evidence or opinion that the alleged illness was caused by the food purchased from BBG.

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