In the wrongful death case, Docket No. 02-1939, Kriefall v. Sizzler USA, the trial court granted Excel Corporation, a meat processor, dismissal. The wrongful death claim against Excel was for damages caused by Excel's sale to a Milwaukee area Sizzler restaurant of beef contaminated with the bacterium E. coli O157:H7. The claim was that Ecoli bacteria from the meat contaminated other food resulting in 3-year-old Brianna Kriefall's death.
The appellate court held that federal preemption did not close the doors of Wisconsin's courts to the claims against Excel. Though the interstate sale of beef and other meat products intended for human consumption is regulated by the Federal Meat Inspection Act, that Act does not prevent the type of action present here in Wisconsin.
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Frank Pasternak speaks at Milwaukee Area Technical College discussing Wisconsin Injury & Hospitality Law and Wisconsin Food Regulation Laws
Learn more about E. coli at the University of Wisconsin-Madison's E. coli Genome Project or at its Bacteriology Department's Pathogenic E. coli.
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