An Essex County woman filed a lawsuit Thursday against the Wendy’s corporation, claiming she became extremely ill and went to the hospital after eating food she bought from a restaurant in East Orange.
The East Orange resident states in court papers she visited Wendy’s restaurant in the 200 block of Central Avenue on April 19, 2022, and purchased a Junior Cheeseburger Deluxe and Caesar salad with pomegranate dressing and parmesan crisps for $18.41.
She ate the food at home and soon began experiencing nausea, vomiting, and diarrhea, according to the suit, filed in Superior Court of Essex County.
The next day, the woman went to CareWell Health Medical Center, formerly known as East Orange General Hospital, where she underwent testing and was given medication for her symptoms.
“Plaintiff alleges that the food she had ordered from defendant Wendy’s was contaminated and caused her symptoms,” the suit says.
The woman’s lawsuit alleges Wendy’s and its workers failed to exercise reasonable care in the preparation of the food, which was “contaminated.”
The lawsuit does not state what the food might have been contaminated with or cite a diagnosis for Jones’ illness.
Wendy’s did not respond to a request for comment on Friday. The attorney who filed the suit did not respond to calls seeking comment.
The suit accuses Wendy’s of serving “unreasonably dangerous” food, which is an alleged breach of New Jersey’s implied warranty of merchantability law. The chain was also in violation of New Jersey’s Food and Drug Act and the state’s products liability act, the suit alleges.
The woman alleges the incident caused her emotional distress and resulted in significant hospital expenses, doctor’s bills and “other diagnostic medical expenses,” along with pain and suffering.
The woman is seeking to recover money she spent for medical care and wages she lost taking off time from work to recover, along with other monetary damages “without limitation,” the suit says.
Stories by Anthony G. Attrino
Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on X @TonyAttrino. Find NJ.com on Facebook.