WAVE 3 - Louisville, KYWrongful death lawsuit filed against popular eatery

Wrongful death lawsuit filed against popular eatery

By Scott Harvey - bio | email
Posted by Charles Gazaway - email

SHELBYVILLE, KY (WAVE) - A Louisville woman is blaming a local restaurant for the death of her husband. WAVE 3 has obtained a copy of a lawsuit filed in Shelby County Circuit Court and the restaurant denies any wrongdoing. The suit claims the Claudia Sanders Dinner House served tainted food on Easter 2008 that ultimately caused the death of 72-year-old David Maupin.

"It has a large effect," said Bob Silverthorn, Jr., the Maupin family's Attorney. "A restaurant like this serves upwards of 2,500 people a day and an event like this can touch the lives of many, many people."

On March 23, 2008, Maupin, his wife, brother, and sister-in-law all ate Easter Dinner at the Claudia Sanders Dinner House. Two days later he died.

"It's almost as if there is a tragic event, like a car accident, because you just don't expect to go to your Easter Dinner or whatever and then the next couple of days somebody is gone because of something they ate," said Silverthorn.

The restaurant was closed for three days. After an investigation by the North Central Public Health Department, it was determined that hams being served that day were contaminated with the Staphylococcus aureus. Toxins produced when the bacteria grows causes food poisoning, according to the Centers for Disease Control and Prevention.

"It's most likely that someone in the kitchen had some kind of contamination either on themselves or on a cooking utensil of some kind that transferred that contamination to the ham," said Silverthorn, who also said that unopened hams were also tested by the health department. "The hams that were not opened were not contaminated."

Silverthorn said the Claudia Sanders Dinner House is still responsible even if they did not know someone or something in their kitchen was contaminated.  "Well we certainly think so, because that happens to be the law."

In his eyes, Silverthorn believes this is an open and shut case.

"You know when you do an autopsy, stool sample, death certificate, FDA examination of food products, it all ties this together," said Silverthorn.

Our phone calls to the restaurant's owner, Tommy Settle, were not returned. His attorney, Brad Hooks with Landrum & Shouse of Lexington, spoke to us long enough to say, "No comment," twice.

"I think they are going to have a very difficult time in light of all the scientific data that we have and will be presenting," said Silverthorn. "Not real sure what Claudia Sanders defenses will be, but we will have to wait and see."