Summary Judgment For Defendant In Alleged Food Poisoning Case

Attorney Elizabeth Boratto represented a Chicago area restaurant in a lawsuit stemming from allegations that the plaintiff experienced food poisoning after ordering take out from the restaurant. The plaintiff claimed she became sick after taking one bite of the food causing her to seek out medical treatment. Through the discovery process, Ms. Boratto secured favorable testimony which demonstrated plaintiff could not identify the food item that allegedly made her sick or provide any corroborating medical testimony or evidence to show the food she consumed was in fact contaminated. 

Given the absence of evidence to support plaintiff’s claim, Ms. Boratto filed a motion for summary judgment. A motion for summary judgment asks the court to enter a judgment or rule in the defendant’s favor without the need for trial. The Court granted the motion for summary judgment and found for the defendant restaurant thereby dismissing the case. By securing this early judgment, Ms. Boratto was able to save her client the time and expense of a trial. This matter was venued in Cook County. 

Cases involving allegations of food poisoning or food contamination are unique and complex. Ms. Boratto has extensive experience defending these types of lawsuits. If you have any general or specific questions concerning food poisoning lawsuits, please contact Ms. Boratto at (630) 908-3075.