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Massachusetts Wrongful Death Lawsuits Sue Applebee’s, Whole Foods, Respectively

The parents of 8-year-old Joshua Kaye are suing Whole Foods Market for his Massachusetts wrongful death. They claim that their son died after eating E. coli-contaminated ground beef purchased from a Whole Foods store in Weymouth.

In their civil case, Andrew and Melissa Kaye noted that federal agents had been at Whole Foods in June to investigate an E. coli cluster but that the store did not issue a recall of its ground beef items until August 15. The Kayes said that testing linked Joshua’s death to the contamination.

In a separate Massachusetts food injury case, the family of John Kocak is suing Applebee’s for the fatal choking incident that claimed the 48-year-old’s life in 2011. Kocak was eating at the restaurant in Greenfield when he collapsed in the bathroom. His father found him unconscious and asked the assistant manager to contact 911. Kocak sustained a brain injury from oxygen deprivation and died days later.

The Greenfield wrongful death case accuses the restaurant chain of failing to properly train employees in how to deal with choking accidents. His family said there was no device at the restaurant that could help remove the food from a customer’s airway. Having such a device on the premise is a legal requirement at restaurants that are able to seat over 25 people.

The plaintiffs also claim that the assistant manager did not tell 911 that Kocak had no pulse and was no longer breathing. In their complaint, they argued that if the dispatcher had known how dire the situation was, simple emergency instructions could have been provided over the phone that might have saved Kocak’s life.

The family’s Massachusetts choking accident lawsuit is suing for negligence, gross negligence, conscious pain and suffering, and wrongful death. They want compensation for hospital and ambulance bills, loss of companionship, loss of expected income, burial costs, and funeral expenses. They are also suing for punitive damages for the alleged reckless misconduct and gross negligence.

Massachusetts Food Injury Lawsuits
Restaurants, cafeterias, grocery stories, and other facilities that provide customers with food are responsible for making sure that their food is safe to eat. This means ensuring that the preparation and servicing spaces are clean and free from contamination and food is cooked properly. In Massachusetts, contact our Boston injury law firm today.

Lawsuit filed against Applebee’s restaurant chain claims wrongful death of Greenfield patron who choked on food
, Massachusetts Live, December 4, 2014

Whole Foods Sued In Boy’s Death, NECN, December 17, 2014

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OSHA Investigating Massachusetts Choking Accident, Massachusetts Workers Compensation Lawyer Blog, February 17, 2009

Three Fatalities, Two Injuries Sustained in Recent Massachusetts Traffic Crashes During Christmas Week, Boston Car Accident Lawyer Blog, December 26, 2014