Shigellosis • Negligence and Breach of Warranty • Joinder Complaint
Rocha v. Olive Garden, PICS Case No. 16-1200 (C.P. Monroe Aug. 22, 2016) Zulick, J. (8 pages).
Four years after a patron became ill with a bacterial food-borne illness, the original defendants sought to join several additional restaurants to the lawsuit that was filed against them by the patron and his wife. Individually the added restaurants rejected the joinder. In the present case, Papa Santos Pizza argued that the joinder was not proper, since it was barred as to sole liability by the statute of limitations, and original defendants through their own pleadings failed to allege grounds on which it could be found liable. The court agreed and struck Papa Santos from the joinder along with all cross-claims against it. Defendant Papa Santos’ motion for judgment on the pleadings was thereby granted.
