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CAPPELLO v. RESTAURANT DEPOT, LLC

No. 23-1368.

89 F.4th 238 (2023)

Anthony CAPPELLO, Plaintiff, Appellant, v. RESTAURANT DEPOT, LLC; D'Arrigo Bros., Co., Defendants, Appellees, Cicchetti, LLC, d/b/a Il Panino Italian Deli; Adam Bros. Farming, Inc., Defendants.

United States Court of Appeals, First Circuit.

December 28, 2023.

Attorney(s) appearing for the Case

Amanda E. Quinlan , with whom McLane Middleton, P.A., was on brief, for appellant.

Scott T. Ober , with whom Matthew G. Lindberg , Patrick T. Ciapciak , and Hassett & Donnelly, P.C., were on brief, for appellee D'Arrigo Bros., Co.

Kenneth B. Walton , with whom Patricia B. Gary , and Lewis Brisbois Bisgaard & Smith LLP, were on brief, for appellee Restaurant Depot, LLC.

Before Gelpí, Lynch, and Rikelman, Circuit Judges.

In November 2018, Anthony Cappello, a New Hampshire resident, purchased and ate a salad from Il Panino Italian Deli and Catering, a counter-serve deli in New Jersey. Within days after Cappello had returned home to New Hampshire he was diagnosed at a New Hampshire hospital with a life-threatening E. coli infection which required...

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