Oct 9, 2006 6:12 pm US/Pacific
Neb. Student Claims Illness Over Tainted Spinach
OMAHA, Neb. (AP) ―
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Aerial view of a spinach farm operated by Natural Selection Foods in San Juan Bautista.
CBS
A University of Nebraska-Lincoln student who says she was sickened by E. coli-tainted spinach is suing the companies that produced the spinach and the store where it was purchased.
According to a lawsuit filed Monday in Lancaster County District Court, Kenzi Clark was hospitalized with acute gastroenteritis after eating Dole brand spinach her roommate bought in early September at a SunMart store in Lincoln.
Clark, a senior, was hospitalized for four days, and tests are still being conducted to determine the lasting effects the E. coli will have on her body, said her attorney, Chad Wythers of Lincoln-based law firm Berry and Kelley. Clark is seeking compensation for medical expenses and her pain and suffering. The total amount is still undetermined because of the ongoing tests, said Wythers.
He said the nutritional sciences major was back in school.
Dole Food Company, Natural Selection Foods LLC and Natural Selection Foods Manufacturing are named as plaintiffs in the lawsuit. U Save Foods Inc./SunMart and Gary Ebler, manager of a SunMart store in Lincoln, also are named.
The lawsuit claims the plaintiffs manufactured and distributed spinach that was not safe for human consumption.
A spokesman from Dole Food Company said the company would not comment on the case.
A representative for Natural Selection Foods said the company has not seen the lawsuit and would not comment on it.
A message left for SunMart parent corporation Nash Finch was not immediately returned Monday.
Nearly 200 people were sickened in the nationwide outbreak. Two elderly woman and a 2-year-old boy died.
(© 2006 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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