Summary of a Recent
Judicial Development in
Food Safety

Plaintiff Must Show That Her Injuries Resulted from Condition of Food

Walt McCarter
National AgLaw Center Research Associate

Summary of Decision

In Landreneau v. Copeland's Cheesecake Bistro, L.L.C., --- So.2d ---, 2009 WL 91063 (La. Ct. App. 2009), the Louisiana Court of Appeals held that a restaurant customer who complained of intestinal pains was unable to establish that her condition resulted from food poisoning because she was not medically diagnosed with food poisoning and medical testing showed no sign of salmonella infection.

Background

Plaintiff brought this action against Copeland's Cheesecake Bistro (Copeland's) for allegedly giving her food poisoning. Id. at *1. The trial court granted Copeland's motion for summary judgment after determining that the plaintiff had no medical evidence to indicate that she suffered from food poisoning or infection, and the plaintiff appealed. Id.

Analysis and Holdings

The court explained that in food poisoning cases, "it is not necessary for the consumer to negate every conceivable cause but he must show that it is more likely than not that the food's condition caused the injury of which he complains." Id. at *2. The plaintiff's medical records revealed that she had told her physician that she had suffered intestinal problems for two or three weeks before being admitted to the hospital, and lab reports taken at the hospital showed no indication of salmonella or other bacterial infection. Id. The physician believed that she was suffering from symptoms that were "probably" secondary to an infection. Id. There had been no other reports of foodborne illness at the restaurant for three months before and after the plaintiff's incident. Id. Therefore, the court found that the plaintiff had failed to establish a causal connection between her injuries and Copeland's food, and it affirmed the dismissal of her claim. Id. at *3.

The case was decided on January 13, 2009.