Marler Clark filed a lawsuit Thursday on behalf of Sloan Ross, a 19-year-old Lakewood, Colorado resident who became ill with E. coli infection after eating an E. coli-contaminated tri-tip steak at the Applebee’s restaurant located at 10625 West Colfax Avenue in Lakewood. The lawsuit, which was filed in Jefferson county District Court, names Applebee’s International as defendant. Judith Tartaglia, a respected Denver attorney, is serving as co-counsel with Marler Clark.
Mr. Ross ate at Applebee’s on July 18, and began to experience symptoms of E. coli infection, which included abdominal cramps and bloody diarrhea, on July 21. Mr. Ross’s mother transported him to the Emergency Room at Exempla Lutheran Hospital on July 25, where he was given IV fluids for dehydration, and submitted a stool sample that later tested positive for E. coli O157:H7.
“We filed this lawsuit against Applebee’s because the restaurant had a legal duty to serve food that was wholesome, unadulterated, and properly cooked,” said William Marler, managing partner of Marler Clark and attorney for Mr. Ross. “A steak contaminated with E. coli O157:H7, a deadly pathogen, certainly does not fit the description of being unadulterated.”

According to an Applebee’s spokesman, about 80,000 pounds of contaminated meat were purchased from Quantum Foods of Bolingbrook, Illinois, the company that recently recalled 405,000 pounds of hamburger patties and steaks due to possible E. coli contamination, on July 21.
“In my view, it doesn’t matter if Applebee’s sold 80,000 pounds or one pound of food contaminated with a potentially deadly pathogen,” Marler continued. “The point is, they sold it, my client and at least three other people got sick, and now Applebee’s should compensate victims for what they have gone through.”
In 2002, dozens of Coloradoans became ill with E. coli infections after consuming contaminated ground beef produced at a ConAgra plant located in Greeley, CO. Marler Clark represented 32 victims of the outbreak. Mr. Marler represented Brianne Kiner in her $15.6 million E. coli settlement with jack in the Box in 1993, and in 1998 Marler Clark resolved the Odwalla juice E. coli outbreak for the five families whose children developed HUS and were severely injured after consuming contaminated apple juice for $12 million. The firm has since litigated on behalf of thousands of victims of E. coli bacterial infections.
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