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An Ohio woman who sued Taco Bell over a cyclospora outbreak linked to contaminated lettuce has moved to drop the fast-food chain from her lawsuit. Instead, she is seeking to continue the case against two Taylor Farms-related companies named in her complaint.
Valerie Caruso filed a motion in the U.S. District Court for the Northern District of Ohio on September 10, asking the court to remove Taco Bell of America, LLC as a defendant and dismiss all claims against the company without prejudice.
Caruso's lawsuit, which was filed in July, originally named Taco Bell, Taylor Fresh Foods, Inc., Taylor Farms California, Inc., and multiple unidentified corporations as defendants.
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Speaking to Newsweek, Caruso’s attorney William Marler said, “The federal investigation identified Taylor Farms de Mexico as the supplier of the iceberg lettuce linked to this outbreak.”
“With the source that clear, Taco Bell is an unnecessary party to Ms. Caruso's case. Her claims against the Taylor Farms companies named in the complaint are unchanged, and narrowing the case lets us focus on the company that supplied the lettuce.” he added.
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In the filing, reviewed by Newsweek, Caruso described Taylor Fresh Foods and Taylor Farms California as the “growers, processors, and suppliers” of the shredded iceberg lettuce identified as the source of the outbreak of cyclospora, a microscopic parasite that causes the intestinal illness cyclosporiasis.
Newsweek reached out to Taco Bell and Taylor Farms via email for comment.
The filing notes that no defendant has yet answered the complaint, no discovery has taken place, and no scheduling order has been issued. Attorneys for all defendants, including Taco Bell, did not oppose the request, according to the motion.
If the court approves it, the case will proceed against Taylor Fresh Foods, Taylor Farms California and several unnamed corporations.
Federal epidemiologic and traceback evidence linked the outbreak to processed iceberg lettuce from Taylor Farms de Mexico, some of which had been served at Taco Bell locations. In July, Taylor Farms recalled iceberg lettuce grown in central Mexico.
On September 11, the U.S. Centers for Disease Control and Prevention declared that the cyclospora outbreak has ended. “The number of recent infections linked to the outbreak has significantly declined. The contaminated lettuce linked to this outbreak is no longer available in stores or restaurants,” the CDC said in a press release.
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Cyclospora Outbreak Declared Over: What That Means for Unresolved Cases
What Is the Lawsuit About?
Caruso is one of a growing number of plaintiffs who have filed lawsuits stemming from the multi-state cyclospora outbreak that health officials have linked to shredded iceberg lettuce supplied by Taylor Farms and served at Taco Bell restaurants.
Taylor Farms de Mexico voluntarily recalled iceberg lettuce sourced from central Mexico. The FDA confirmed that recalled food-service products had been distributed in 31 states and said they may have been distributed further to other jurisdictions.
Federal officials have cautioned that their investigation remains ongoing and that additional brands, retailers, restaurants or distribution channels could ultimately be linked to the outbreak.
Caruso’s lawsuit is not the first and is separate from a proposed class-action lawsuit filed in California on behalf of West Virginia resident Lawrence Null. Unlike many cases seeking compensation for illness, the Null lawsuit focuses on economic losses suffered by customers who purchased products containing the potentially contaminated lettuce.
The complaint argues that consumers paid full price for food that was allegedly worth less than represented because it contained lettuce later linked to the outbreak. It seeks actual damages or $200 per violation, whichever is greater, for members of the proposed West Virginia subclass.
Null's lawsuit names both Taco Bell and Taylor Farms as defendants and alleges violations including breach of implied warranty, negligence and unjust enrichment.
Cyclospora Outbreak Declared Over
The cyclospora outbreak was declared over by the CDC on September 11.
The CDC notice said there were 12,883 cases of cyclospora, 570 hospitalizations, two deaths and 21 states were ultimately impacted. It stated that the FDA “Continues to investigate the cause of the contamination that led to this multistate outbreak of Cyclospora infections linked to Taylor Farms iceberg lettuce.”
The CDC continues to advise people to “Wash your hands and any fresh produce thoroughly under running water before eating, cutting, or cooking.”
Contact Newsweek editors on this story: Matthew Cannon and Sam Wilson.
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