Lawsuit names Calgary eatery in $1.6 million E. coli claim

A $1.6-million lawsuit has been filed on behalf of a Calgary brother and sister who were infected with E. coli, allegedly from eating tainted food at a Vietnamese restaurant.

The lawsuit, filed on behalf of minors Hunter and Julia Aloisio, said both of the children became infected with E. coli after dining on July 31, 2014, at the Chi Lan Vietnamese Restaurant in Calgary.

It says Hunter Aloisio was affected most by the infection, developing Hemolytic Uremic Syndrome, a disease which can sometimes be fatal. The boy required dialysis to treat the illness and is now susceptible to kidney failure, the lawsuit says.

The claim names the restaurant, as well as its suppliers and “upstream defendants,” unidentified companies “involved in the livestock slaughter and dressing industry, the farming industry and/or the secondary processing industry.”

“The defendants were negligent and breached the standard of care owed to the plaintiffs,” the statement of claim filed on behalf of the siblings says. “The defendants owed the plaintiffs a duty of care to ensure that their products, including the restaurant food, were safe for consumption and would not expose the plaintiffs to contaminants such as E. coli bacteria,” it continues.

There was also a breach of contract in that the siblings, through their parents, had and agreement with the restaurant to provide food for payment. “It was a term of this agreement, express or implied, that the restaurant food would be safe to eat,” the claim states.

“By placing their products into the food stream, and in the case of the restaurant defendants by placing the restaurant food onto its menu and serving it to the plaintiffs, the defendants made representations ... that the restaurant food was safe for consumption.”

Statements of defence disputing the unproven allegations have not been filed.