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. 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.
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. 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 contaminated lettuce linked to this outbreak is no longer available in stores or restaurants,” the CDC said in a press release. 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.
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