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CONTACT THE HERALD
Robert Frank, City Editor
frank@heraldnet.com
 
Published: Tuesday, November 17, 2009

Women sue Lake Stevens Mexican restaurant after E. coli poisoning

Two Everett women say they became ill and were treated for E. coli food poisoning after eating at the Ixtapa restaurant in Lake Stevens last year.

Their health problems were outlined in lawsuits filed Monday in Snohomish County Superior Court on behalf of Sally Ring and Jean Jubie.

They mark the second and third lawsuits filed in the case, said Drew Falkenstein, a Seattle attorney who filed the lawsuits on behalf of the two women.

Both lawsuits seek unspecified damages, but ask for money to help pay for medical and other expenses related to their illnesses.

Joel Wright, a Seattle attorney representing Ixtapa, could not be reached for comment Monday.

The Snohomish Health District temporarily closed the restaurant last year after tracing at least 17 cases of E. coli contamination to the Ixtapa location.

The health district approved the reopening of the restaurant after extensive cleaning. Food in unsealed containers was thrown out, the kitchen sanitized, and employees were retrained on food safety, health officials said.

Last year, a lawsuit was filed after Alison Riojas, 9, of Lake Stevens became ill, after eating at the restaurant.

At the time, her mother said that her daughter was hospitalized and lost at least 6 pounds from her 64-pound frame.

The most recent lawsuit alleges that Ring ate at the restaurant on Oct. 9, 2008. After she became ill with diarrhea and other problems, she was treated at Providence Regional Medical Center Everett a week later.

By Nov. 3 of last year, the lawsuit says, she had lost 20 pounds.

Jubie ate lunch at the restaurant on Oct. 11, 2008, and woke up five days later with stomach cramps and diarrhea, the lawsuit alleges.

She also was treated at Providence, where she was diagnosed with gastrointestinal bleeding, colitis and dehydration, according to the lawsuit. She remained in the hospital for two days.

Falkenstin said that Jubie still has problems with lack of energy and weakness.



Sharon Salyer: 425-339-3486, salyer@heraldnet.com.

COMMENTS

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So quick to sue & cash in......
Ixtapa is a wonderful family restaurant with a great food service track record. Although I sympathize with those that suffered from the E. Coli outbreak I wonder if they would be so quick to sue if they contracted it at a family members home or a neighbors/friends where you are more than 50% more likley to contract a food born illness? Maybe their family and neighbors don't have deep pockets like a chain of restaurant owners?
S. Shields | Nov 18, 2009 3:05 pm | 0 replies | Request removal

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a g.... lighten up....
Not everything is racially motivated.

My comment comes from experience... since I have encountered the results of eating local food at Mexican border towns.

My comment was an attempt at humor. And to point out that we sue over the most ridiculous things.

YOU are the one who made it an issue about race... not me.

Kelly Nichols | Nov 18, 2009 2:01 pm | 0 replies | Request removal

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ppl are so hateful..
i can't believe these two comments below. you two sound like racists. ixtapa, "authentic" mexican food?? you're kidding me right??? anyway, i wonder.. if this was a different restaurant.. like applebee's if you'd make the same comments about the staff not being able to read and etc. i also wonder, why it took these ladies a year to decide to sue? you can go to any place that serves food and come across someone who doesn't follow the rules like they're supposed to. it doesn't have to do with a certain race, HUMANS are disgusting period!
a g | Nov 18, 2009 11:27 am | 0 replies | Request removal

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I don't see a basis for a lawsuit.
All she got was an authentic Mexican meal that can be bought at ANY restaruant in Juarez or Tiauana.

She should have paid extra for the experience.

Kelly Nichols | Nov 18, 2009 11:14 am | 0 replies | Request removal

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retrained?
"employees were retrained on food safety, health officials said."

The first time didn't work?
Maybe this time they were taught in Spanish so they could understand?
Or maybe they were taught visually this time because they can't read?
Or maybe the "food handler's" test to get a card was "dumbed down" for those who can read but can't comprehend?

hope floats | Nov 17, 2009 8:41 am | 0 replies | Request removal

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