McFADDEN v. STALEY

Nos. 96-0535, 96-0688.

687 So.2d 357 (1997)

Robert E. McFADDEN, d/b/a Margaritas Y Amigas Restaurant, Appellant, v. Debra STALEY, individually and for all others similarly situated, Sysco Food Service of South Florida, Inc., a foreign corporation, Kraft Food Services, Inc., a foreign corporation, now known as Alliant Food Service, Inc., a foreign corporation, Kaye Bros., Inc., a Florida corporation and Mapelli Food Distribution Company, a foreign corporation, now known as Monfort Distribution Company, a foreign corporation, William H. Seabold, Kyle Vanderwende, Eleanor Joyce Burnette, Lenor Cotto, Monica Creazo, Dominic Demauro, Donald L. Edwards, Craig Ender, Gerald Geissler, Jason Hibbs, Shannon Hibbs, Paul Kiddon, Mark Pyne, Annette Rodriguez, Theresa Rodriguez, Kervin Ruiz, Lydia Ruiz, Joel Stempler, individually and for all others similarly situated, Appellees.

District Court of Appeal of Florida, Fourth District.

February 12, 1997.


Attorney(s) appearing for the Case

Bohdan Neswiacheny of Law Office of Bohdan Neswiacheny, Fort Lauderdale, for Appellant Robert E. McFadden d/b/a Margarita Y Amigas Restaurant.

Edward D. Schuster of Kessler, Massey, Catri, Holton & Kessler, P.A., Fort Lauderdale, for Appellant-Mapelli Food Distribution Company n/k/a Monfort Distribution Company.

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., David J. Sales of Searcy Denney Scarola Barnhart & Shipley, P.A., and Eric H. Luckman of Liggio & Luckman, West Palm Beach, for appellees.


STONE, Judge.

We affirm an order granting Appellees' motion for class certification.

The class members are restaurant patrons who allegedly became ill from eating adulterated food at Appellant's restaurant over a four-day period. The complaint alleges that several hundred class members contracted salmonella poisoning, or were afflicted with various gastrointestinal ailments, as a direct result of unsanitary, unsafe and unhealthy food handling practices at...

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