Photo by Darrow Montgomery

There’s yet another lawsuit related to the September 2015 Salmonella outbreak at CityCenterDC’s Fig & Olive. Ten cases among D.C. and Virginia residents have been confirmed to date, and 150 cases are still being investigated, according to a complaint filed Tuesday by plaintiffs Scott Lerner and Taylor Lerner.

The couple suffered severe gastrointestinal symptoms after eating tuna and mushroom croquettes at the restaurant that Labor Day weekend. At the time, they were trying to conceive using intrauterine insemination. Taylor Lerner had just completed what would have been her third and final treatment, according to the complaint, and Salmonella exposure to a fetus “can be devastating,” it reads. “For weeks, Scott and Taylor waited and wondered whether their chances for pregnancy had been wrecked,” it continues.

The Lerners are suing the restaurant for strict liability and negligence, saying it served them bad food and failed in its duty to properly supervise, train, and monitor its employees when it came to complying with food safety codes. They are seeking $250,000 per person ($500,000 total) for damages, including general pain and suffering, emotional distress, medical expenses, lost wages, and more. But the list of damages doesn’t state anything directly related to a pregnancy or a potential pregnancy. 

Click here to view the full complaint

Previous Fig & Olive coverage:

Gut Reaction

Fig & Olive Settles Majority of Salmonella Poisoning Cases

Investigation Reveals Fig & Olive Kitchen Relies on Pre-Made Meal Components

Fig & Olive Salmonella Outbreak Goes National As Second Lawsuit Filed in D.C.

Fig & Olive Increased Prices After Salmonella Outbreak