Diner sues restaurant, suppliers over food poisoning from oysters

By Carol Ostrow | Jul 24, 2015

A Cook County resident filed suit against a restaurant claiming that he was the victim of severe food poisoning when he ate tainted oysters at the defendant’s business in 2013.

Sean Pope of Orland Hills brought a complaint against Sea Dining LLC, doing business as Tin Fish Restaurant IL; True World Foods Chicago LLC; Sea Farms Inc.; and Gold Star Seafood Inc.; in Cook County Circuit Court on July 20, alleging negligence and breach of warranty in the July 2013 dining experience gone awry.

According to the filing, the plaintiff was dining at the defendant’s Tin Fish seafood restaurant facility located at 18201 Harlem Ave., Tinley Park on July 21, 2013. Shortly after consuming oysters, the plaintiff became ill and sought emergency room treatment.

The suit states that Pope was hospitalized for three days and that laboratory results indicated the presence of vibrio parahaemolyticus bacteria; documents filed refer to a total of 104 cases involving food contamination from that bacteria in 13 different states, causing six hospitalizations but no known deaths.

The plaintiff faults the defendants with product liability and negligence in marketing and serving unsafe food. Pope alleges that Sea Dining sold adulterated food and failed to maintain and monitor sanitary conditions and storage, prevent the transmission of illness, train its employees preventatively, and warn patrons of the danger of eating raw oysters. The remaining three defendants are charged with similar counts of negligence.

The plaintiff seeks actual, consequential and incidental damages in an amount above the jurisdictional minimum plus attorney’s fees and costs. He is represented by Perry W. Hoag and Thomas N. Osran of Cameli and Hoag PC in Chicago.

Cook County Circuit Court case number 2015L007350.

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