Summerville Food Poisoning

CLASS ACTION SETTLEMENT

La Carreta, Inc. is a restaurant operating in Summerville, South Carolina. Plaintiffs allege that in November and December 2018, approximately 290 people became ill after consuming food at the restaurant.

Plaintiffs filed a Complaint in the Dorchester County Court of Common Pleas asserting class claims against La Carreta, Inc. and seeking the recovery of damages resulting from consuming food prepared and/or sold by or at the La Carreta restaurant located at 1580 Old Trolley Rd, A, Summerville, SC 29485 during November and December of 2018. La Carreta, Inc. denies Plaintiffs claims.

SETTLEMENT CLASS

All South Carolina residents who consumed food at La Carreta during November and December of 2018 and suffered gastrointestinal illnesses or other injuries arising from the food they consumed at the restaurant.

CLAIMS DEADLINE – ON OR BEFORE JUNE 1, 2021

If you have no objection to the settlement and wish to receive the benefits of the settlement, you must complete and sign the Claim Form and return it along with the required supporting documentation to the Claims Administrator ON OR BEFORE JUNE 1, 2021. You will then get the benefits of the settlement if the settlement is approved at the Final Fairness Hearing.

Suzanne Klok, Esq.
Claims Administrator
P.O. Box 2512
Mount Pleasant, SC 29465
claimsadministrator@kloklaw.com
(843) 375-1261

OBJECTIONS TO SETTLEMENT – ON OR BEFORE JUNE 1, 2021

If you wish to be included in the class but object to the settlement, you may object to the terms of the settlement under the procedures set forth below. If your objection is rejected by the Court, you will be bound by the final judgment just as if you had not objected.

You must file your objections in writing with the Dorchester County Clerk of Court at 5200 E. Jim Bilton Blvd., St. George, SC 29477 and mail a copy to Counsel for all parties whose names and addresses are listed below, postmarked ON OR BEFORE JUNE 1, 2021. Your objection must contain notice of your intention to appear at the Final Fairness Hearing, your grounds for objecting, all supporting papers, your contact information, and a written statement under penalty of perjury that you are a member of the Class and have served the required notice and papers upon Class Counsel and Defense Counsel at the following addresses:

OPT-OUT – ON OR BEFORE JUNE 1, 2021

If you do not want benefits from this settlement, but you want to keep your right to sue or continue to sue La Carreta, Inc. on your own regarding the legal issues in this case, then you must take steps to get out. This is called excluding yourself – sometimes referred to as “opting-out” of the settlement class.

To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from Kelly Forrester, Sonya Bolen, and Stephanie Watson, Individually and as Class Representatives v. La Carreta, Inc. (Case No.: 2019-CP-18-00234). The letter must contain the following information: (1) your name, current address and contact information, and signature; (2) a statement that you wish to be excluded from the settlement. An exclusion request cannot be submitted on behalf of a group and must be submitted for each individual class member.

You must mail your exclusion request postmarked ON OR BEFORE JUNE 1, 2021 and sent to this address:

Suzanne Klok, Esq.
Claims Administrator
P.O. Box 2512
Mount Pleasant, SC 29465
claimsadministrator@kloklaw.com
(843) 375-1261

If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) La Carreta, Inc. in the future.

FINAL FAIRNESS HEARING – JULY 16, 2021

ON JULY 16, 2021, a court hearing will be held on the fairness of the proposed settlement. At the hearing, the Court will consider whether the settlement is fair, reasonable, and adequate, and the amount of attorneys’ fees and costs to be awarded. If there are any objections, the Court will consider and rule upon them. The hearing will take place before a presiding judge of the Dorchester County Circuit Court. Given the effect of the Covid-19 pandemic, the manner in which the hearing will be conducted – either in person or digitally – will be determined at a later date. Please periodically check the claims website at https://summervillefoodpoisoning.com/ for updates regarding the hearing.

If you have not opted-out and excluded yourself from participation in the Class, and you agree with the terms of the settlement, YOU DO NOT HAVE TO ATTEND THIS HEARING. If you have a valid, legal reason to object to this settlement and you wish to appear at the hearing to voice your objections, you must provide the Dorchester County Clerk of Court and Counsel a written notice containing your contact information and outlining your intention to appear at the hearing to object. This notice must be sent to the Dorchester County Clerk of Court at 5200 E. Jim Bilton Blvd., St. George, SC 29477 and to Counsel at one of the addresses listed above, along with your written objection, and must be postmarked ON OR BEFORE JUNE 1, 2021.