Customer claiming food poisoning from Maryville restaurant denies any fault for injuries

By Heather Isringhausen Gvillo | Dec 12, 2013


A woman claiming she suffered food poisoning after eating at a Maryville restaurant is refuting the restaurant's defenses.

Plaintiff Heather Kujawa answered B.S. Boogie’s response to her suit on Oct. 28.

The lawsuit, filed Aug. 22, blames the restaurant for causing Kujawa’s food poisoning after she ate a pork sandwich at the restaurant on Oct. 5, 2012, and later began to experience abdominal pain, diarrhea and vomiting.

Kujawa was allegedly hospitalized at St. Anthony’s Hospital in St. Louis from Oct. 7 until Oct. 9, 2012, where she was diagnosed with Shiga toxin and E. Coli.

According to the defendant’s affirmative defenses, it claims the plaintiff is at fault for her injuries, blaming her for failing to seek timely or proper medical treatment and consuming other foods or liquids which reasonably should have been avoided.

Madison County Circuit Judge Andreas Matoesian scheduled a case management conference for Jan. 29, 2014 at 9 a.m.

Kujawa seeks a judgment of more than $100,000.

Dominic Kujawa of Belleville represents the plaintiff.

James L. Craney and Jennifer B. Pigeon of Lewis, Brisbois, Bisgaard & Smith in Edwardsville represent the defendant.

Madison County Circuit Court case number 13-L-1416

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