Feb 23, 2007 - 09:45:04 CST
A Carson man has filed a civil lawsuit against New China Star Inc. for alleged food poisoning.Don Wilcox filed a civil complaint against the corporation, the parent company of China Star on 1054 E. Interstate Ave., Bismarck, on Oct. 13, 2006.
According to court documents, Wilcox and a friend ate at China Star's stir-fry buffet in Bismarck on May 11, 2005. Documents said Wilcox "became severely ill with food poisoning and developed Guillain-Barre syndrome, resulting in severe and debilitating injuries." The company has denied the allegations.
According to www.mayoclinic.com, Guillain-Barre syndrome is an inflammatory disorder in which the body's immune system attacks the nerves outside the brain and spinal cord and sometimes the brain itself. The disorder may be caused by a bacteria commonly found in undercooked food, the Web site said.
The complaint filed by Wilcox alleges that his injuries resulted from the restaurant's failure to properly prepare and cook the food, failure to properly maintain food in a safe condition and failure to properly clean and maintain the food cooking, preparation and presentation areas.
Wilcox's lawyer, Jeffrey Weikum, said both Wilcox and his friend suffered food poisoning. Wilcox, who had eaten chicken stir-fry, was seen at the hospital in Elgin the next morning for flulike symptoms and diarrhea. He was transferred to St. Alexius in Bismarck nine days later, where he was diagnosed with Guillain-Barre, according to Weikum.
"What the doctors have indicated is that the food poisoning resulted in the syndrome,"Weikum said. "The food poisoning was a result of the undercooked poultry."
David D. Schweigert, attorney for New China Star Inc., said that there is no indication that the food poisoning occurred.
"What we're saying is we don't believe that they're related at all,"Schweigert said. "The doctors have not said that this is caused by what he ate."
Wilcox is suing the company for at least $50,000 for loss of earnings, loss of employment opportunities and medical expenses.
Cun Ju Lam, the owner of New China Star Inc., was served with a summons on Dec. 13, 2006, in Sioux Falls, S.D. The company filed an answer to the complaint on Feb. 8, in which the company denied all allegations made by Wilcox.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com or reporter Crystal Reid at 250-8261 or crystal.reid@;bismarcktribune.com.)
Comments are reviewed for taste, tone and language before posting.
Some comments may be used in the Tribune's print edition.
We value and respect your privacy, but The Bismarck Tribune might
disclose certain information to governmental entities if served with subpoena.