Depositions continue in lawsuit involving E. coli outbreak at Harvey's in 2008

Franchise was sold 'at a loss'

By MARIA CALABRESE
The Nugget, North Bay , Ontario
May 20, 2011

Depositions are scheduled to continue this month in a class-action suit involving the E. coli outbreak at the Harvey's Restaurant in North Bay in 2008, according to the law firm handling the claim.

The statement of claim alleges Cara Operations Ltd., 1233280 Ontario Inc. and Summit Food Distributors were negligent because they provided food or beverages contaminated with E. coli, says the website for law firm Sutts, Strosberg LLP.

It says depositions started in November with a representative from each party asked questions about documents that had been produced and issues in the lawsuit.

These examinations were adjourned when it was learned the franchise owner also filed a separate lawsuit against Cara and others claiming the outbreak at the restaurant "ruined their business and caused the business to be sold at a loss."

The claim was filed on behalf of all people who ate the restaurant from Sept. 12, 2008 to Oct. 12, 2008 and all people who were infected due to secondary contact with them.

At least 235 people became sick during the outbreak that originated at the restaurant. Forty-seven of those were confirmed cases of E. coli O157: H7 infection.

It's the same strain that killed seven people and made another 2,500 people sick in Walkerton, Ont., in 2000.

A report released in 2009 found the outbreak in North Bay was likely caused by contaminated raw Spanish onions served at the restaurant.

The report found inconsistent cleaning of an onion dicer may have contributed to the contamination, along with a steel mesh glove that can harbour bacteria.

Harvey's class action
http://www.harveysclassaction.ca/

mcalabrese@nugget.ca