A second lawsuit has been filed against a local burger chain whose milkshakes have been blamed by health officials in a string of food-borne Listeria illnesses this year.
On Friday, Seattle attorney William Marler, representing Chong Kang Garbino, 79, of Tacoma, filed the newest complaint against Frugals in Pierce County Superior Court.
Initial listeriosis cases were first reported in July in Western Washington in an outbreak that eventually sickened six in Pierce and Thurston counties and killed three of the six.
The illness is an infection caused by Listeria bacteria, which can contaminate food.
On Aug. 18, DOH and the Tacoma-Pierce County Health Department announced a breakthrough in the investigation. DOH said two of the people who came down with illnesses from Listeria bacteria (listeriosis) consumed milkshakes from Frugals restaurant at 10727 Pacific Ave. S.
Frugals discontinued use of its two milkshake machines at its Tacoma location on August 8 and has said it halted milkshake sales at its other locations, with samples to be tested, out of an abundance of caution.
Frugals has locations in Auburn, Port Angeles and Spokane as well as in Montana.
The latest filing states that on June 6, Garbino consumed "a vanilla or strawberry milkshake at the Frugals restaurant in Tacoma."
On June 12, Garbino "felt so ill that one of her relatives called 911 for help," the filing states, saying she could not walk and was suffering from a sore neck.
Garbino was admitted to Good Samaritan Hospital in Puyallup, where she stayed from June 12 to June 18. Testing at the hospital revealed Listeria, according to the filing.
"Once discharged from the hospital, (Garbino) was placed on a 24-hour IV drip from June 18 to July 25, at her home," the filing adds.
"The plaintiff has suffered general, special, incidental, and consequential damages," the filing states, "including, but not limited to: damages for loss of enjoyment of life, both past and future; medical and medical related expenses, both past and future; travel and travel-related expenses, past and future; emotional distress, and future emotional distress; pharmaceutical expenses, past and future; wage and other economic damages loss," among other issues.
The case is the second one filed by Marler representing a Frugals customer. The first case, filed Aug. 21, involved Charles Roberson, 73, of Yelm, who died June 20 after complications following a surgery performed after his symptoms initially pointed possibly to a neurological issue.
"During March and April 2023, Mr. Roberson consumed one or more ice cream shakes," according to the first filing.
Testing before Roberson's death showed a "match" to others sickened "and to ice cream products found at the Frugals site in Tacoma," the filing stated.
A media representative for Frugals did not immediately respond to a request for comment on Friday.
