Class-action status sought for claims against McDonald's
By Nancy Bowman
Dayton Daily News
PIQUA | While health officials worked to determine what caused a food-borne illness that hit more than 100 people last weekend, two Dayton law firms filed suits seeking class-action status in Miami County Common Pleas Court.
Both suits — one filed late Tuesday and the other early Wednesday — seek to represent those who claim they or family members became ill from food poisoning after eating at the McDonald's at 995 E. Ash St.
The cause of the illness and its source have not been identified by the investigating Piqua Health Department. Greg Dion, city director of health and sanitation, said Wednesday he is waiting for results of tests of samples sent to the Ohio Department of Health.
The McDonald's owner, Benjamin Scott, said this week he was cooperating with investigators. He could not be reached Wednesday.
Dion said the department by late Wednesday knew of 105 adults and children falling ill. The victims are of "a wide range of ages," he said. "We've had calls this a.m. (Wednesday) with some symptoms still persisting."
Those who became ill — beginning Saturday — reported symptoms of diarrhea, vomiting, cramps and nausea. Dion said several area hospitals reported treating people with the symptoms. Most were treated, then released. People calling this week were advised to see their doctor.
The lawsuits name as defendants McDonald's Corp. of Oak Brook, Ill., the Ash Street restaurant and Scott of Piqua.
A suit by Dyer, Garofalo, Mann & Schultz, filed Wednesday, initially on behalf of a Tipp City woman, a Sidney woman, a Piqua family who claims their son became ill and a Sidney woman who claims two children got sick, also names an unidentified supplier.
The suit Tuesday by Hochman, Roach & Plunkett Co. represents one Dayton resident and "all others" who became ill.
In the suits, the defendants are accused of improperly preparing, storing, handling and selling food and/or drink products. The Hochman, Roach & Plunkett suit claims ice cream, sundaes and shakes "were contaminated with harmful bacteria, which made people who consumed them horribly and painfully sick and ill."
Both suits seek at least $25,000 for each person plus courts costs, attorney fees and other damages for alleged negligence by the restaurant and claimed pain, distress, medical expenses and lost wages by those who fell ill.
Contact Nancy Bowman at (937) 335-4357.
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