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angelbaby123

Junior Member
What is the name of your state?What is the name of your state? virginia. my 16 year old daughter recently had a premature birth. she was in her second trimester and the pregnancy was uneventful and everything was perfect on all her prenatal testing, ultra sound etc. the night before the premature birth, which resulted in death for the infant baby girl, she and her boy friend ate pizza at a local pizza parlor. they became violently ill, with stomach cramps and vomitting and diareha. this resulted in my daughter going into premature labor, and then delivery. the attending ob-gyn stated that the premature birth was induced or caused by food poisening. patholic results, indicated choriioamionitis, cliinically fetal demise. ammionic flluid yellowish. we have records from the virgina dept of health of this facility, which show numerous critical violations. the only proof we have in regards to the ordering of the pizza from this facility is phone in record, and the individual who picked up the pizza. should we pursue this any further, consult an attorney or just accept it a bad luck. please respond with any comments, that you might have. thank you
 


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djohnson

Senior Member
I personally don't think you have anything to go on for many reasons. Can you prove someone in your home didn't tamper with the pizza after it arrived? You can't prove or show anything. If it was that badly rated then why order there? Some responsibility falls to the consumer to be diligent. Even if you could prove everything else. How can you show it was on purpose or they knew or had reason to believe what was going to happen. If you can't it's jsut an accident.
 
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stephenk

Senior Member
djohnson said:
I personally don't think you have anything to go on for many reasons. Can you prove someone in your home didn't tamper with the pizza after it arrived? You can't prove or show anything. If it was that badly rated then why order there? Some responsibility falls to the consumer to be diligent. Even if you could prove everything else. How can you show it was on purpose or they knew or had reason to believe what was going to happen. If you can't it's jsut an accident.
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You're kidding right? Tampered pizza? how often do you check the health rating for a restaurant before ordering take-out or eating at the place?

Negligence does not require someone who is causing harm to do it on purpose. It just means acting unreasonable when a duty requires you to act reasonable.

If you don't know what you are talking about, be silent.
 
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rmet4nzkx

Senior Member
I'm sorry for your loss. Did the doctor report the food posioning and it's source to the health department? Make complaints to the health department and also to the Pizza place, ask re filing a claim.

It is good that there is a record of appropriate prenatal care.

Even if it was a local call, there are phone records that can be subponeaed, in addition to the witness.

Contact a personal injury attorney.
 
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I AM ALWAYS LIABLE

Senior Member
I AM ALWAYS LIABLE said:
My response:

Can you explain why a 16 year old child (who was 15 when conception occurred) is giving birth?

IAAL
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My response:

I'll answer my own question: Our writer responded, "What is the name of your state? virginia."

It's one of the Hillbilly, Dufus, States!

IAAL
 
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rmet4nzkx

Senior Member
I AM ALWAYS LIABLE said:
My response:

I'll answer my own question: Our writer responded, "What is the name of your state? virginia."

It's one of the Hillbilly, Dufus, States!

IAAL
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That may be true, but this was a young mother and father who wanted their child and getting appropriate prenatal care expecting a healthy delivery. Getting a pizza for dinner shouldn't result in fetal demise, heart burn maybe. The infection is almost always fatal to the fetus unless it it near term and caught soon enough. This is no joke and a sad story.
 
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djohnson

Senior Member
stephenk said:
You're kidding right? Tampered pizza? how often do you check the health rating for a restaurant before ordering take-out or eating at the place?

Negligence does not require someone who is causing harm to do it on purpose. It just means acting unreasonable when a duty requires you to act reasonable.

If you don't know what you are talking about, be silent.
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Since I do know what I am talking about and you offered no help whatsoever, I'll respond again. Although an ordinary person may not check out rating prior to going. It's not something that won't come up if they proceed with this. Like I said the burden of proof will be on OP to show that negligence. They will have a hard time doing it. What if they liked hot sauce on their pizza (as my husband does) or something else? Couldn't it have been that, that made them sick? What if they drunk tea or milk that was bad? The burden of proof just isn't there from this post.

Perhaps you should know what you are talking about before correcting someone and giving them false hope. I am sorry for the loss and hate it that it happened, but unless you can show specifically it was the pizza place and the negligence, they have no case. If you believe otherwise, I suggest you give them real information.
 
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stephenk

Senior Member
"Since I do know what I am talking about and you offered no help whatsoever"

Really? How many jury trials have you done? How many cases have you defended based on the tampered pizza defense? Are you a lawyer?
 
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djohnson

Senior Member
stephenk said:
"Since I do know what I am talking about and you offered no help whatsoever"

Really? How many jury trials have you done? How many cases have you defended based on the tampered pizza defense? Are you a lawyer?
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Are you still offering no help? Do you really think this could make a case? No one would take this for the reasons I stated and more. I have seen or defended no cases based on tampered pizza because it's too ridiculous based on what this OP has stated to ever happen. There is no proof or have you missed that fact? If you disagree so, please state why and help the OP.
 
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stephenk

Senior Member
Here is the original post: "she and her boy friend ate pizza at a local pizza parlor"

Here is your post: "Can you prove someone in your home didn't tamper with the pizza after it arrived?" "What if they liked hot sauce on their pizza (as my husband does) or something else? Couldn't it have been that, that made them sick? What if they drunk tea or milk that was bad?"

Again, how did your post help or even have any relevance to what was originally posted?
 
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djohnson

Senior Member
That wasn't my first post, however, it posted to explain that there was a significant lack of proof that the pizza, or something the pizza place done is what the actual cause was. The OP is looking to sue based on what she blames. My posts were to show poster the poor case that she would be able to present. I think that is obvious to everyone else.

And again, since you are yet to answer, how is that incorrect? How is you posts a benefit to the poster?
 
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stephenk

Senior Member
unless the girl and the boyfriend ate exactly alike before eating at the pizza parlor, the reasonable inference is that the food at the pizza parlor caused the poisoning. the burden of proof is very slight.

you providing examples of tampered pizza at their home, poisoning by hot sauce or bad milk, had nothing to do with the facts presented by the poster.
 
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djohnson

Senior Member
Then take the case or let the poster go through courts for years to get nothing. She can't even prove the boyfriend got sick also. We can all say it and sue if that was the case. Did he go to the hospital and get treatment? If not, it's down to just the daughter who 'claims' the pizza made her sick and it was because it was bad pizza. Do you really think this case stands a decent chance at getting anything?
 
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LOKI15

Junior Member
angelbaby123 said:
What is the name of your state?What is the name of your state? virginia. my 16 year old daughter recently had a premature birth. she was in her second trimester and the pregnancy was uneventful and everything was perfect on all her prenatal testing, ultra sound etc. the night before the premature birth, which resulted in death for the infant baby girl, she and her boy friend ate pizza at a local pizza parlor. they became violently ill, with stomach cramps and vomitting and diareha. this resulted in my daughter going into premature labor, and then delivery. the attending ob-gyn stated that the premature birth was induced or caused by food poisening. patholic results, indicated choriioamionitis, cliinically fetal demise. ammionic flluid yellowish. we have records from the virgina dept of health of this facility, which show numerous critical violations. the only proof we have in regards to the ordering of the pizza from this facility is phone in record, and the individual who picked up the pizza. should we pursue this any further, consult an attorney or just accept it a bad luck. please respond with any comments, that you might have. thank you
Click to expand...


http://www.attorneypages.com/

Best of luck!
 
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