Cheesecake Factory Settles Food Poisoning Lawsuit for $14K
Brown Deer man reaches legal settlement after eating a contaminated mahi mahi dish at Cheesecake Factory restaurant at Bayshore Town Center in Glendale.
Almost immediately after finishing his dinner at The Cheesecake Factory, Ghassan Batayneh started to feel dizzy.
After finishing his mahi mahi dish at the popular restaurant franchise at Bayshore Town Center, the Brown Deer man began to sweat profusely and then passed out, sliding off of his chair onto the floor. Paramedics were called to the restaurant, and he was rushed to the emergency room.
"Within five minutes of finishing, I started feeling something was wrong," Batayneh told Patch. "I had a feeling it was what I ate. I knew there was something wrong, but I was confused about what really happened."
It turns out Batayneh, who was 49 at the time of the incident in 2009, fell victim to scombroid poisoning, a food-borne illness that occurs when certain types of fish are not properly refrigerated and begin to rot. Scombroid poisoning is unlike many types of food-borne illness in that cooking the food at high temperature does not prevent illness from the contaminated food.
Batayneh and his attorney, Michael Hanrahan, filed a lawsuit in Milwaukee County Circuit Court in April 2011. Although the company initially denied liability, it offered a $14,000 settlement on Feb. 21 – shortly before the case was to go to trial. With court costs and expenses, Batayneh’s total judgment came to $15,526.88.
Hanrahan said several medical tests showed that Batayneh did not have an allergic reaction. To prove that he was not allergic to mahi mahi, Batayneh said he ate the seafood dish at several other restuarants and never became sick.
As a result of this ordeal, Batayneh said he has become more careful of where he eats seafood.
"For quite some time I was pretty scared," he said. "I stopped eating fish and sushi for a while, but now I’m very selective on where I eat my food."
The company could not be reached for comment as to why it settled the case before trial. Mahi mahi is no longer on the restaurant's menu.
Franken Harpo
7:12 am on Thursday, March 7, 2013
The Cheesecake Factory restaurant at Bayshore Town Center in Glendale is still a great place to take your family and friends.
Sunrocket
12:54 pm on Thursday, March 7, 2013
This article kind of confirms that this isn't a particularly well run establishment. I have given them 1/2 dozen chances and they just can't get it right. Food is only so so and while I think this incident was hopefully very random, nothing about the service in this establishment is enough to make me want to ever go back. I can get basically the same food and Culvers, Cousins or many other fast food restaurants and not deal with mediocre staff. In Cheesecake factory's favor, when I did complain about service I was given a gift card, still not enough though. From hostess to waitstaff they are unprofessional and sloppy and don't even seem to know the menu very well. Here is a hint to management: Please discourage yoru entire waitstaff from standing at the hostess station and yaking in front of customers. There must be task they could be performing and you don't need that many people to check guests in and seat them. That is a huge turnoff, especially when they are not dressed uniformly and some not very clean looking.
Mike
2:06 pm on Thursday, March 7, 2013
"Mahi mahi is no longer on the restaurant's menu."
Funny, I can't stand this place, but went there for lunch as some business associates selected it and I wasn't paying, and today's special was Mahi Mahi...
Ian
6:00 pm on Thursday, March 7, 2013
This particular location is terrible. The Mayfair location is quite a bit better. Still a far cry from other Cheesecake locations I've been to in Illinois.
Nuitari
7:15 pm on Thursday, March 7, 2013
The Mayfair location is better? It's an absolute zoo, and the wait always sucks.
Dick Blair
8:03 pm on Thursday, March 7, 2013
Sounds like something Yogi aberration would say...it is so crowded nobody goes there anymore.
Hee haw!