Woman Sues Caterer For Poisoning Her Wedding

FILED: ONONDAGA COUNTY CLERK 03/23/2018 10:51 AM INDEX NO.
003063/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2018
STATE OF NEW YORK

SUPREME COURT COUNTY OF ONONDAGA
MELISSA A. CONARTON Plaintiff designates
2040 Clark Hollow Road, Lafayette, NY 13084 Onondaga County as
Place of Trial.
Plaintiff,
The basis of venue is
Plaintiff's residence:
Lafayette, New York.

-vs.-
SUMMONS
DOUGLAS TARPINIAN DBA HOLY SMOKE BBQ Index No.:
AND CATERING LLC
438 County Road 22, Earlville, NY 13332
Defendant.
To the above named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and
to serve a copy of your answer, or, if the complaint is not served with this summons, to
serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the
service of this summons, exclusive of the day of service (or within 30 days after the
service is complete if this summons is not personally delivered to you within the State of
New York); and in case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the complaint.
DATED: /4~. , 2018
C L OFi C<
homas J. Cerio, Esq.

Scott D. Cerio, Esq., of counsel
Plaintiff'
Attorneys for Plaintiff
407 South Warren St, 5th Floor
Syracuse, New York 13202
Telephone: 315,422.8769
1 of 14
FILED: ONONDAGA COUNTY CLERK 03/23/2018 10:51 AM INDEX NO. 003063/2018
PLAINTIFF'S ADDRESS
MELISSA A. CONARTON
2040 Clark Hollow Road
Lafayette, New York 13084
DEFENDANT'S ADDRESS
DOUGLAS TARPINIAN DBA HOLY SMOKE BBQ AND CATERING LLC
438 County Road 22
Earlville, New Yorlc

York 13332
2 of 14
STATE OF NEW YORK

SUPREME COURT COUNTY OF ONONDAGA
MELISSA A. CONARTON,
Plaintiff,
VERIFIED
-vs.- COMPLAINT
DOUGLAS TARPINIAN DBA

HOLY SMOKE BBQ AND CATERING LLC,
Index No.:
Defendant.
The Plaintiff, MELISSA A. CONARTON, individually by and through her
attorneys, CERIO LAW OFFICES, for her Complaint against the Defendants herein,
alleges to the Court as follows:
"Plaintiff"
1. Plaintiff, MELISSA A. CONARTON (hereinafter referred to as the "Plaintiff"),
was and is a resident of the County of Onondaga and the State of New York, and
resides at 2040 Clark Hollow Road, Lafayette, New York 13084.
2. Plaintiff, at all times mentioned hereinafter, had her reception for her wedding
within the Town of Cicero, County of Onondaga and the State of New York, at
Arrowhead Lodge located at 9248 McKinley Ridge Road, Brewetton, on or about
July 31", 2015 (hereinafter referred to as the "wedding").
3. Upon information and belief, and at all times hereinafter mentioned at the time of
the incident alleged, the involved Defendant, DOUGLAS TARPINIAN DBA
HOLY SMOKE BBQ AND CATERING LLC, its agents, servants and/or
"Defendant"
employees (hereinafter collectively referred to as the "Defendant"), was and is
responsible for providing food service, which includes, but is not limited to, the
duties of proper preparation, maintenance, and service.
4. Upon information and belief, and at all times hereinafter mentioned, at the time of
the wedding, the involved Defendant had the duty of providing safe food products
for the Plaintiff and her guests pursuant to a contract between the Plaintiff and
Defendant.
3 of 14
5. Upon information and belief, Defendant was and is a limited liability company
filed, owned, operated, and existing pursuant to the laws of the State of New
York, with an office for the conduct of business located in the County of
Chenango and the State of New York at 438 County Road 22, Earlville, NY
13332.
6. Upon information and belief, Defendant was at all times mentioned herein,
conducting business within the County of Onondaga and the State of New York at
Arrowhead Lodge located at 9248 McKinley Ridge Road Brewerton, New York
13029 on or about July 313t, 2015.
7. On or about July 31", 2015, Plaintiff and her guests were lawfully upon the
premises of Arrowhead Lodge.
8. On or about the aforementioned date and location, at or around 3:00 p.m.,

Plaintiff and her guests started eating food provided by Defendant.
9. On or about the aforementioned date and location, at or around 6:45 p.m.,

Plaintiff's guests started experiencing nausea, vomiting, and diarrhea after
consuming food prepared, maintained, and served by Defendant.
10. Ambulances were contacted after Plaintiff's guests became ill in the forms of
nausea, vomiting, and diarrhea.
11. Shortly thereafter, many other guests became ill in the aforesaid forms at which
point more ambulances were contacted.
12. The food provided by Defendant and consumed by Plaintiff and her guests,
specifically the macaroni and cheese, was determined to be statistically significant

for Staphylococcus aureus.
AS AND FOR A FIRST CAUSE OF ACTION
13. Plaintiff repeats, reiterates, and realleges each and every allegation set forth in the
"1"
paragraphs of this Complaint numbered through the present inclusive with the
same force and effect as if more fully set forth herein.
14. Defendant failed to provide safe food products, which includes, but is not limited
to, proper preparation, maintenance, and service, in a reasonable and responsible

manner.
15. Plaintiff and her guests were injured by and through the negligence, carelessness,
and/or recklessness of Defendant.
16. Plaintiff and her guests were solely and wholly injured by and through the
negligence, carelessness, and/or recklessness of Defendant, and not through any

negligence on the part of Plaintiff contributing thereto,
4 of 14
17. As a result of Defendant's aforementioned negligent, careless, and/or reckless acts
and/or omissions, Plaintiff and her guests suffered injuries of food poisoning via
Staphylococcus aureus, which contributed to symptoms of nausea, diarrhea, and
vomiting.
18. These symptoms of nausea, diarrhea, and vomiting occurred in plain view of
friends and family during a special and ceremonial wedding event.
19. By reason of the foregoing, Plaintiff and her guests sustained physical and
emotional injuries.
20. Upon information and belief, the incident and injuries were sustained by Plaintiff
by reasons of the negligence, carelessness and/or recklessness of Defendant of
which include, but are not limited to, the following:
a. Failure to properly prepare, maintain, and/or serve food fit for human
consumption;
b. Failure to take the temperature of the food at the time of service;
c. Failure to ensure all agents and/or employees were wearing gloves while
serving customers;
d. Failure to provide adequate food samples for testing in a timely manner.
21. Upon information and belief, at the time and place of the incident herein,
Defendant had or should have had knowledge that the condition of the food
product was potentially adulterated with Staphylococcus aureus, not fit for human
consumption and/or not reasonably safe.
22. As a result of the negligence, carelessness, and/or recklessness of Defendant, as
aforementioned, Plaintiff and her guests suffered financial, physical, and

emotional injuries in the forms of food poisoning via Staphylococcus aureus,
which contributed to nausea, diarrhea, and vomiting, and experiencing such
symptoms in plain view of friends and family during a special and ceremonial
wedding event.
23. By reason of the foregoing, Plaintiff and her guests have suffered damages in an
amount to be determined by the Trier of Fact.
24. The damages sought herein exceed the jurisdictional limits of all lower courts.
AS AND FOR A SECOND CAUSE OF ACTION
"1"
26. Upon information and belief, Defendant was, at all times mentioned herein, the
owner and/or operator of the limited liability company owned, operated, and
existing pursuant to the laws of the State of New York.
5 of 14
27. Upon information and belief, Defendant was and still is in charge of the limited
liability company owned, operated, and existing pursuant to the laws of the State
of New York.
28. At all relevant times, Defendant provided food service and food necessary for the
wedding.
29. At all relevant times, Defendant solicited catering services to the Plaintiff and her
guests at the Plaintiff's wedding.
30. On or about the aforementioned date, location, and time, Plaintiff and her guests
had been negligently, carelessly, and/or recklessly served food unfit for human
consumption and began experiencing their first symptoms of illness.
3 l. Upon information and belief, Defendant did not take temperatures of the foods
while it was being served.
32. Upon information and belief, some of the Defendant's servers were not wearing
gloves while serving Plaintiff and her guests.
33. As a result of the foregoing, Plaintiff's guests suffered physical injuries including,
but not limited to, nausea, diarrhea, and vomiting.
34. The Plaintiff's injuries were caused solely and wholly by the Defendant's
negligence, carelessness, and/or recklessness.
35. Plaintiff and her guests are in no way culpable for the injuries sustained.
36. By reason of the foregoing, Plaintiff has suffered damages in an amount to be

determined by the Trier of Fact.
37. The damages sought herein exceed the jurisdictional limits of all lower Courts.
AS AND FOR A THIRD CAUSE OF ACTION
"1"
39. As a result of the foregoing, Plaintiff lost money for purchasing food service and
products unfit for human consumption.

6 of 14
AS AND FOR A FOURTH CAUSE OF ACTION
"1"
45. As a result of the foregoing, Plaintiff and her guests suffered financial injuries due
to medical treatment and related costs.

AS AND FOR A FIFTH CAUSE OF ACTION
"1"
51. As a result of the foregoing negligent acts or omission by the Defendant, Plaintiff
and her guests suffered emotional injuries due to the negative effects of their
injuries occurring in plain view of friends and family during a special and
ceremonial wedding event.

AS AND FOR A SIXTH CAUSE OF ACTION
"1"
same force and effect as if more fully set forth herein,
7 of 14
57. At the time of the incident, and upon information and belief, Defendant knew or
should have known the particular food was unfit for human consumption.
58. At the time of the incident, and upon information and belief, Defendant knew or
should have known that Plaintiff and her guests were becoming injured at the
wedding for the same or similar reasons aforementioned.
59. The Plaintiff's injuries were caused by the Defendant's negligence, carelessness,
and/or recklessness.
AS AND FOR A SEVENTH CAUSE OF ACTION
"1"
65. Upon information and belief, Defendant was, at all times mentioned herein, in the
business of providing safe and lawful food service and food fit for human
consumption.
business of properly maintaining, preparing and serving food fit for human
consumption.
67. Upon information and belief, during 2015 and for several years prior thereto,
Defendant was engaged in providing safe and lawful food service and food, which
includes, but is not limited to, properly preparing, maintaining, and serving food.
business of providing food service and food fit for human consumption as
required by 10 NYCRR 14-1.10(b)(1).
69. Upon information and belief, Defendant is defined as a caterer and held under the
same standards as a food service establishment by 10 NYCRR 14-1.20(b).
70. Upon information and belief at the incident aforementioned, Defendant failed to
provide convenient and suitable utensils and/or sanitary gloves as required by 10
NYCRR 14-1,80(b).
8 of 14
71. Upon information and belief at the incident aforementioned, Defendant failed to
and maintain precooked food as required 10 NYCRR 14-

properly safely by
1.83(a).
72. Upon information and belief, it was the duty of Defendant to provide safe and
lawful food service and food, which includes, but is not limited to, proper
preparation, maintenance, and service.
73. Upon information and belief, Defendant did not provide adequate food samples
for testing in sufficient time.
74. Upon information and belief, Defendant breached its duty of care by failing to
protect Plaintiff and her guests from unreasonable hazards.
75. Upon information and belief, at all relevant times herein as a result of the acts
and/or omissions of Defendant, the food was unfit for human consumption.
76. Upon information and belief, Defendant was not in compliance with applicable
codes, statutes, and standards.
77. Upon information and belief, Defendant was unreasonably dangerous, careless,
and/or reckless in providing safe food service.
78. On or about the aforementioned date, time, and location, after consuming the food
at issue, Plaintiff's guests became ill.

AS AND FOR A SEVENTH CAUSE OF ACTION
"1"
guests'
84. Upon information and belief, Plaintiff's and her injuries were caused as a
result of the negligence, carelessness, and/or recklessness of Defendant.
guests'
85. Upon information and belief, Plaintiff's and her injuries were caused
solely and wholly as a result of the negligence, carelessness, and/or recklessness
of Defendant.
9 of 14
86. Upon information and belief, the negligence, carelessness, and/or recklessness of
Defendant includes, but is not limited to:
a. Its failure to properly prepare, maintain, and/or serve food fit for human
consumption;
b. Its failure to take the temperature of the food when it was served;
c. Its failure to ensure all agents and/or employees were wearing gloves
while serving customers;

d. Its failure to provide adequate food samples for testing in a timely manner.
87. As a direct and proximate result of the negligence, carelessness, and/or

recklessness of Defendant, Plaintiff's guests suffered physical injuries of food
poisoning via Staphylococcus aureus, which contributed to symptoms of nausea,

diarrhea and vomiting.
88. As a direct and proximate result of the negligence, carelessness, and/or

recklessness of Defendant, Plaintiff and her guests suffered emotional injuries as
they experienced these negative effects of food poisoning in plain view of friends
and family during a special and ceremonial wedding event.
89. Upon information and belief, as a direct and proximate result of this occurrence,
Plaintiff and her guests have and will incur expenses for medical care and other
costs.
90. By reason of the foregoing, Plaintiff has been substantially damaged.

AS AND FOR AN EIGHTH CAUSE OF ACTION
"1"
paragraphs of this Complaint numbered through present of the foregoing with
the same force and effect as if fully set forth at length herein.
96. Defendants were reckless, careless and negligent in their supervision of those
employees who were responsible for the safety and security of the food prepared
and served to guests at the aforementioned wedding, in that their employees
lacked the experience, knowledge and ability to be employed by defendant and in
that defendant failed to exercise due care in supervising their employees.
10 of 14
97. The above-described occurrences, which contributed to symptoms of nausea,

diarrhea and vomiting upon the plaintiff and the resulting injuries to her mind and
body, were caused by reason of the negligent supervision by defendants, agents
and/or employees.
98. Due to the negligent supervision on the part of defendants, their agents and/or
employees, the plaintiff sustained physical, emotional and psychological injuries.
99. The injuries sustained by the plaintiff, as a result of the negligence, recklessness
and/or carelessness of defendants, were foreseeable and defendants knew or
should have known of the risk of injury to the plaintiff.
100. As a direct and proximate result of the Defendants negligence, carelessness, and
recklessness as aforesaid, plaintiff, has sustained damages in an amount to be
determined by the trier of fact.
101. The amount of Plaintiff's damages exceeds the jurisdictional limits of all lower
courts.
AS AND FOR A NINTH CAUSE OF ACTION
"1"
103. Defendant was negligent, careless and reckless in hiring and retaining its
employees those individuals who either supervised, monitored and/or controlled
or were under the duty to supervise monitor and/or control served food at
plaintiffs wedding.
104. The above-described occurrences, which contributed to symptoms of nausea,

diarrhea and vomiting upon the plaintiff, and the resulting injuries to her mind and
body, were caused by reason of the negligent hiring and/or retention by

defendants their agents and/or employees.
and/or carelessness of defendants, were foreseeable and defendants knew or
should have known of the risk of injury to the plaintiff.
recklessness as aforesaid, Plaintiff, has sustained damages in an amount to be
courts,
11 of 14
AS AND FOR A TENTH CAUSE OF ACTION
"1"
109. As result of defendant's actions, the plaintiff sustained emotional distress that was
induced directly by the negligence of defendant.
and/or carelessness of defendants, were foreseeable and defendant knew or should
have known of the risk of injury to the plaintiff.
recklessness as aforesaid, Plaintiff, has sustained damages in an amount to be
courts.
AS AND FOR A ELEVENTH CAUSE OF ACTION
"1"
114. As a result of the foregoing intentional and/or reckless, extreme and/or outrageous
conduct on the part of the defendant the plaintiff sustained severe emotional
distress.
115. The injuries sustained by the plaintiff, as a result of the reckless, extreme and/or
outrageous conduct of defendant, were foreseeable and defendant knew or should
have known of the risk of injury to the plaintiff.
116. As a direct and proximate result of the Defendants reckless, extreme and/or
outrageous conduct as aforesaid, Plaintiff, has sustained damages in an amount to
be determined by the trier of fact.
courts.
12 of 14
WHEREFORE, Plaintiff, MELISSA A. CONARTON , demand money

judgment against Defendant, DOUG'S HOLY SMOKE BBQ, in an amount to be
determined by the Finder of Fact, together with the costs and disbursements of this
action, together with such other and further relief as this Court deems just and proper.
DATED: Ardq Î, 2018
CE» FICE<
A+ S
T mas J. Corio, Esq.
cott D. Cerio, Esq., of counsel
Attorneys for Plaintiff
407 South Warren St, 5th Floor
Syracuse, NY 13202
(315) 422-8769
13 of 14
VERIFICATION
STATE OF NEW YORK )

COUNTY OF ONONDAGA ) SS.:
I, MELISSA A. CONARTON, depose and say that deponent is the Plaintiff in

the within action; that deponent has read the foregoing Verified Complaint and knows the
contents thereof; that same is true to deponent's own knowledge, except as to the matters
therein stated to be alleged upon information and belief, and that as to those matters
deponent believes them to be true.
MELISSA A. CONARTON
Subscribed and sworn to before me

U'
this n day of jvfn , 2018 NOTARY PUBLIC, STATE OF NEW YORK
Qualified in Onondaga County
No. 02CE6357588
14 of 14

Woman Sues Caterer For Poisoning Her Wedding

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Woman Sues Caterer For Poisoning Her Wedding

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FILED: ONONDAGA COUNTY CLERK 03/23/2018 10:51 AM INDEX NO.

STATE OF NEW YORK

MELISSA A. CONARTON Plaintiff designates

2040 Clark Hollow Road, Lafayette, NY 13084 Onondaga County as

Lafayette, New York.

To the above named Defendant:

DATED: /4~. , 2018

homas J. Cerio, Esq.

Syracuse, New York 13202

Lafayette, New York 13084

Earlville, New Yorlc

STATE OF NEW YORK

DOUGLAS TARPINIAN DBA

The Plaintiff, MELISSA A. CONARTON, individually by and through her

July 31", 2015 (hereinafter referred to as the "wedding").

13029 on or about July 313t, 2015.

premises of Arrowhead Lodge.

8. On or about the aforementioned date and location, at or around 3:00 p.m.,

9. On or about the aforementioned date and location, at or around 6:45 p.m.,

consuming food prepared, maintained, and served by Defendant.

nausea, vomiting, and diarrhea.

specifically the macaroni and cheese, was determined to be statistically significant

AS AND FOR A FIRST CAUSE OF ACTION

to, proper preparation, maintenance, and service, in a reasonable and responsible

negligence, carelessness, and/or recklessness of Defendant, and not through any

17. As a result of Defendant's aforementioned negligent, careless, and/or reckless acts

Staphylococcus aureus, which contributed to symptoms of nausea, diarrhea, and

friends and family during a special and ceremonial wedding event.

by reasons of the negligence, carelessness and/or recklessness of Defendant of

which include, but are not limited to, the following:

22. As a result of the negligence, carelessness, and/or recklessness of Defendant, as

aforementioned, Plaintiff and her guests suffered financial, physical, and

AS AND FOR A SECOND CAUSE OF ACTION

existing pursuant to the laws of the State of New York.

guests at the Plaintiff's wedding.

consumption and began experiencing their first symptoms of illness.

while it was being served.

negligence, carelessness, and/or recklessness.

36. By reason of the foregoing, Plaintiff has suffered damages in an amount to be

AS AND FOR A THIRD CAUSE OF ACTION

negligence, carelessness, and/or recklessness.

42. By reason of the foregoing, Plaintiff has suffered damages in an amount to be

AS AND FOR A FOURTH CAUSE OF ACTION

same force and effect as if more fully set forth herein.

to medical treatment and related costs.

negligence, carelessness, and/or recklessness.

48. By reason of the foregoing, Plaintiff has suffered damages in an amount to be

AS AND FOR A FIFTH CAUSE OF ACTION

negligence, carelessness, and/or recklessness.

54. By reason of the foregoing, Plaintiff has suffered damages in an amount to be

AS AND FOR A SIXTH CAUSE OF ACTION

wedding for the same or similar reasons aforementioned.

negligence, carelessness, and/or recklessness.

62. By reason of the foregoing, Plaintiff has suffered damages in an amount to be

determined by the Trier of Fact.

AS AND FOR A SEVENTH CAUSE OF ACTION

provide convenient and suitable utensils and/or sanitary gloves as required by 10

and maintain precooked food as required 10 NYCRR 14-

preparation, maintenance, and service.

for testing in sufficient time.

protect Plaintiff and her guests from unreasonable hazards.

codes, statutes, and standards.

at issue, Plaintiff's guests became ill.