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041049 McDonald's Asks Court to Toss Ohio Suits

October 27, 2004

Troy, OH - Lawyers for McDonald's Corp., one of its locations in Piqua and that restaurant's owner asked a judge to dismiss lawsuits seeking class-action status and damages for more than 130 people who reported becoming ill this month after dining at the Piqua location.

The motion filed for McDonald's Corp. of Illinois, the McDonald's at 995 E. Ash St. and owner Benjamin Scott of Piqua asked Judge Jeffrey Welbaum of Miami County Common Pleas Court to dismiss two lawsuits. They claim any injuries or damages to the people who became ill "are the result of misconduct of others" for whom they are not liable or responsible.

They also argue that a class-action designation is inappropriate.

Two Dayton law firms filed lawsuits seeking class action status a few days after people began reporting becoming ill Oct. 2 after eating ice cream products at the Ash Street McDonald's.

The lawsuits seek at least $25,000 for each person who became ill. The Piqua Health Department has compiled reports of 133 people becoming ill.

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