SYRACUSE, NY - A state Supreme Court judge has granted class-action status in a high-profile lawsuit in which many guests at a wedding reception in 2015 became violently ill.
The original lawsuit is filed by the bride and groom, Melissa Conarton and Jesse Abbott, against the caterer, Holy Smoke BBQ & Catering LLC of Earlville in Madison County.
Nine ambulances were called to the July 31 reception, after guests started vomiting and having diarrhea on the grounds of the Arrowhead Lodge at Oneida Shores Park. The lawsuit alleges the food -- specifically the macaroni and cheese -- provided by Holy Smoke caused the illnesses.
In the fall, lawyer Thomas Cerio, who represents the bride and groom, asked the judge to certify the class-action lawsuit. Supreme Court Judge James Murphy signed an order agreeing to do that earlier this month.
This case is separate from the original lawsuit filed by Conarton against the catering company. That lawsuit is still ongoing.
James Conarton, the bride’s father, is the lead plaintiff in the class-action suit.
In a class-action suit, the plaintiff sues on behalf of a group, or class, of absent parties. The bride is excluded from the class-action lawsuit. Anyone who ate the macaroni and cheese and became ill is part of the class-action suit.
The case attracted national attention, and in part because of that, the judge has ordered the parties not to talk to the media anymore. Some parts of the court papers have been redacted.
The bride, Melissa Conarton, previously said she wanted her guests’ health costs covered -- estimated to be about $12,000.
Court papers allege that the macaroni and cheese caused the food poisoning of at least 45 guests and possibly more than 100.
The health department investigated and determined there was an outbreak of staphylococcus aureus, including 45 primary cases, according to the lawsuit.
At least 40 people vomited and at least 32 people had diarrhea, the papers said, and all the people who were sick after eating the macaroni and cheese represent the class.
Matthew Whitenour, attorney for Holy Smoke, has argued that there is no direct evidence the macaroni and cheese caused the illnesses, and also has maintained guests ate other food and beverages not provided by the caterer.
