Syndicate

FILED ON AUG.
29 2018
IN THE CIRCUIT COURT

FOR CAMPBELL COUNTY, KENTUCKY
CASE NO. 18-CI-770
JEFF SLAVEY *
KAMERON JENKINS SLAVEY *
on behalf of themselves and all *
others similarly situated as defined *
herein *
*
Plaintiffs * CLASS ACTION COMPLAINT
-vs- *
* AND
DW PRODUCTIONS *
50 E. RIVER CENTER BLVD * DEMAND FOR TRIAL BY JURY
SUITE 1180 *
COVINGTON, KY 41011 *
D/B/A THE SYNDICATE *
D/B/A THE NEWPORT SYNDICATE *
*
SERVE: *
AGENT FOR SERVICE OF PROCESS *
WAYNE CARLISLE *
50 E. RIVER CENTER BLVD. *
SUITE 1180 *
COVINGTON, KY 41011 *
*
Defendants *
*
CLASS ACTION COMPLAINT FOR DAMAGES

AND DEMAND FOR TRIAL BY JURY
NOW APPEAR Plaintiffs Jeff and Kameron Slavey, by and through their counsel, on
behalf of themselves, their wedding guests and all other persons similarly situated who were
customers, Patrons, employees or otherwise present at the Newport Syndicate between the dates
of July 25 and August 11, 2018 and were exposed to Hepatitis A, state, allege and complain as
follows:
1
Slavey Class Action Complaint vs The Newport Syndicate
FILED ON AUG. 29 2018
I. THE PARTIES
1. The Plaintiffs are and for all times relevant to this Complaint, are residents of the
Commonwealth of Kentucky.
2. The members of the proposed class are all those persons and wedding guests who were
exposed to Hepatitis A at the Newport Syndicate between the dates of July 25, 2018 and August
11, 2018.
3. The Defendant, the Syndicate Restaurant, is incorporated as DW Productions, LLC and
operates under the assumed name the “Syndicate” or the “Newport Syndicate.” The Agent for
Service of Process for DW Productions is Wayne Carlisle.
4. At all times relevant to this Complaint, Defendant, in the ordinary course of its business,
operated a business for the manufacture, preparation, service and sale of food to its customers at
the Newport Syndicate.
2. JURISDICTION AND VENUE
5. Jurisdiction and venue are proper in this court because the Syndicate if located in
Campbell County and the events which culminated in this Complaint occurred in the
Commonwealth of Kentucky and in Campbell County, Kentucky.
3. THE NATURE OF THE ACTION
6. PUBLIC HEALTH ALERT JUNE 4, 2018:
The Kentucky Department of Health declared a statewide outbreak of Hepatitis A

in November, 2017, mainly among people who are homeless and/or using illicit
drugs. Since November 2017, more than 600 cases have been reported in the state
compared to an average of 20 cases per year, with six deaths having occurred. The
majority of cases have been reported in the Louisville area. In Northern
Kentucky, six cases of Hepatitis A have been reported thus far.
(Exhibit 1, June 4, 2018, NORTHERN KENTUCKY HEALTH DEPARTMENT LAUNCHES HEPATITIS A

OUTBREAK PREVENTION PLAN).
2
7. On June 4, 2018, the Northern Kentucky Health Department sent “advisories to health
care providers, correctional facilities, food service establishments, organizations that serve the
homeless and substance abuse treatment providers.” Id. “They [food service establishments] also
received information on Hepatitis A, how to disinfect facilities, and handwashing posters to
display in the bathroom.” Id. “‘We want to make sure that these groups and the public are aware
of the statewide outbreak,” stated Dr. Lynne Sadler, District Director of Health for NKY Health,
“and steps they can take to help prevent Hepatitis A from getting a foothold here in Northern
Kentucky.”” Id.
8. The Food and Drug Administration refers to Hepatitis A as one of the Big 5 highly
infective pathogens that can easily be transmitted by food workers and cause severe illness.
9. On the date of August 3, 2018, Plaintiffs held a wedding reception at the Newport
Syndicate Restaurant. The Plaintiffs invited their wedding guests to join them at the Newport
Syndicate and enjoy the wedding reception with food catered by the Defendant by its own food
handlers, food service employees, and other employees. The food bill for the Plaintiffs was in
excess of thirteen thousand dollars.
10. After the Northern Kentucky Health Department was notified that an individual
employed at the Newport Syndicate had tested positive for the Hepatitis A virus, the Northern
Kentucky Health Department again alerted the public about the health risks posed by exposure to
Hepatitis A.
11. On August 15, 2018, the Plaintiffs Jeff and Kameron Slavey, were notified by the
Northern Kentucky Health Department that they were to notify all of their guests and tell them
that each one of them had been exposed to Hepatitis A and to advise them that they should
immediately get a Hepatitis A vaccination. There is a two week window of incubation once
3
exposed, with the plaintiffs being notified with less than 48 hours to notify all guests of the
closing incubation period. Causing them to call over 240 guests in a two day period to tell them
that they must be vaccinated within 48 hours before the two week period was up.
12. On the date of August 3, 2018 Plaintiff Kameron Slavey was pregnant as were several of
the wedding guests.
13. It is important to receive post-exposure treatment as soon as possible to prevent exposure
to the virus from developing into a full-blown Hepatitis A infection.
14. Jeff Slavey and Kameron and their wedding guests received Hepatitis A vaccinations or
other medical treatment. Plaintiffs and the class they seek to represent suffered fear, stress and
trauma as a result of being information that each had been exposed to the Hepatitis A virus.
3. CLASS ACTION ALLEGATIONS
15. Had the Plaintiffs, their guests and all other persons in the proposed class, not been
present at or visited the Newport Syndicate during the exposure dates, none of them would have
the fear, stress and trauma of contracting Hepatitis A nor would they have had to receive a
Hepatitis A vaccination or other medical treatment. In the case of those class members who
were pregnant during the exposure dates, a subclass of the proposed class, the stress and fear is
magnified.
16. This class action complaint is brought pursuant to the Kentucky Rule of Civil Procedure
23 (a) on behalf of all persons who were exposed to the Hepatitis A virus at the Newport
Syndicate between the dates of July 25, 2018 and August 11, 2018, the time that an infected
employee was working, preparing and serving food at the Newport Syndicate.
4
17. The named parties and the proposed class-members were all advised to and required by
the public health and personal safety reasons to obtain a vaccination or other medical treatment
because of their exposure to the Hepatitis A virus at the Newport Syndicate.
18. The proposed class will include all persons who were exposed to the Hepatitis A Virus as
a direct and proximate result of: (1) exposure to an infected employee of the Newport Syndicate;
or (2) consumption of food that was manufactured and sold by the Newport Syndicate during the
exposure periods; and (3) who obtained an Hepatitis A vaccination or other medical treatment
as a result of their exposure to the Hepatitis A virus at the Syndicate.
A. NUMEROSITY
19. An employee of the Newport Syndicate who was infected with the Hepatitis A virus, was
around, manufactured, prepared or served food on numerous days and occasions to customers
other than the plaintiffs and their wedding guests during the exposure period of July 25, 2018
and August 11, 2018.
20. To date, Plaintiffs have been contacted by in excess of 40 of their wedding guests and
believe that the class size will number in the hundreds or more. The number of persons who
visited, ate at or worked at the Newport Syndicate during the exposure period is information
within the knowledge of the Defendants. This information will also be known by the Northern
Kentucky Health Department.
21. Food at the Newport Syndicate, manufactured, prepared or served by an employee
infected with the Hepatitis A virus, was adulterated, unsafe, and defective, was distributed and
sold during the exposure periods to an uncertain number of customers, guests, patrons and
employees making the class so numerous that joinder of all members in this case is
impracticable. Plaintiffs do not foresee a problem of notification to those affected class
5
members. Notice can be achieved through local news and by the Northern Kentucky Health
Department.
B. QUESTIONS OF LAW AND FACT COMMON TO ALL
22. In addition to numerosity, there are significant questions of law and fact common to the
class, including but not limited to:
22(a) Whether food manufactured, prepared or served by an employee infected with
Hepatitis A virus is adulterated, unsafe to eat, defective, or otherwise prohibited from sale and
distribution under the laws and statutes of Kentucky;
22(b) Whether the Newport Syndicate is strictly liable for the sale of food
manufactured, prepared or served by an employee infected with the Hepatitis A virus;
22(c) Whether the Newport Syndicate was negligent in allowing one or more of its
employees to work while infected with the Hepatitis A virus;
22(d) Whether the Newport Syndicate was negligent in not requiring its food-service
employees to obtain a medical check-up or a Hepatitis A virus vaccination when there is a
documented Hepatitis A epidemic in Northern Kentucky;
22(e) Whether the Newport Syndicate was negligent in failing to properly supervise,
train, and monitor its employees who were engaged in the manufacture, preparation, and delivery
of the food product that the defendant sold to its patrons;
22(f) Whether the Newport Syndicate was negligent in its manufacture and sale of food
contaminated by the Hepatitis A virus under the Kentucky regulations and statutes governing
food safety and the serving of food to the public.
6
22(g) Whether the plaintiffs are among the class of persons encompassed by the
protections afforded by the statutory and regulatory provisions of the Kentucky governing food
safety;
22(h) Whether the Newport Syndicate was negligent in failing to notify its employees,
patrons or other persons in a timely manner that one or more of its employees worked while
infected with the Hepatitis A virus;
22(i) Whether the Newport Syndicate breached its duty to prevent the contamination of
food and drink as well as the premises at its premises with the Hepatitis A virus;
22((j) Whether the Newport Syndicate breached its duty to the plaintiffs to manufacture
and serve a product that was reasonably safe in construction, that did not materially deviate from
applicable design specifications, and that did not deviate materially from identical units in the
defendant's product line;
22(k) Whether the Newport Syndicate manufactured, distributed, and sold a food
product that was adulterated, not fit for human consumption, in a defective condition
unreasonably dangerous to the plaintiffs, and not reasonably safe as designed, manufactured, or
sold;
22(l) Whether the Newport Syndicate breached its duty to exercise reasonable care in
the preparation and sale of food products;
22(m) Whether the Newport Syndicate breached its duty to the plaintiffs to promulgate,
enforce and abide by work rules, protocols and policies regarding ill employees involved in the
manufacture, handling, preparation, service, and sale of food to the public;
7
22(n) Whether the Newport Syndicate is liable for damages to all potentially exposed
persons who obtained Hepatitis A vaccinations or other medical treatment as a result of their
exposure to the Hepatitis A virus at the Newport Syndicate;
C. REPRESENTATIVE CLAIMS
23. The claims of the representative Plaintiffs are typical of the claims of the potential class
members, each of whom meet the class definition as set forth above.
24. Each member of the proposed class will have been exposed to Hepatitis A at the Newport
Syndicate between the dates of July 25, 2018 and August 11, 2018 and who was required by the
exposure to get a Hepatitis A vaccination or other medical treatment as a result of the exposure.
25. The damages sought by the representative parties are also typical of the class in that
every class member was exposed to Hepatitis A and was advised by the Northern Kentucky
Health Department to obtain a Hepatitis A vaccination or other medical treatment as a result of
the exposure.
26. Each class member has suffered the fear, stress, trauma and emotional distress arising
from exposure to the Hepatitis A virus.
27. The named representatives have common interests with the members of the proposed
class and will vigorously prosecute the interests of the class through qualified counsel.
28. The class representatives do not have identifiable conflicts with any other potential class
member and, thus, the named class representatives will fairly and adequately represent and
protect the interests of the whole class.
29. The plaintiffs have retained competent counsel, who are both experienced in class action
litigation, have extensive experience with class action litigation, and are experienced trial
attorneys.
8
30. Questions of law or fact common to the members of the class predominate over any
questions affecting only individual members. Kentucky Rule of civil Procedure 23.02(b)
31. A class action is superior to other available methods for the fair and efficient adjudication
of the controversy. Id
32. The matters pertinent to the findings include: (i) the interest of members of the class in
individually controlling the prosecution or defense of separate actions; (ii) the extent and nature
of any litigation concerning the controversy already commenced by or against members of the
class; (iii) the desirability or undesirability of concentrating the litigation of the claims in the
particular forum; (iv) the difficulties likely to be encountered in the management of a class
action. Kentucky Rules of Civil Procedure 23.02(b)
FIRST CAUSE OF ACTION – NEGLIGENCE
33. The defendant the Newport Syndicate is the owner and operator of a retail food
establishment that prepares, manufactures and sells food to its customers and patrons. During
the dates of July 25, 2018 through August 11, 2018, the Newport Syndicate had an employee
food handler, food server who was positive for the Hepatitis A virus.
34. Defendant the Newport Syndicate has a duty to exercise reasonable care to maintain a
safe eating environment, to produce safe products for human consumption, and to eliminate
reasonable dangers to its customers, employees and patrons.
35. The Defendant the Newport Syndicate breached this duty by employing a person who
was positive for the Hepatitis A virus.
36. The Defendant the Newport Syndicate breached this duty when, knowing that there was
an epidemic of Hepatitis A in Northern Kentucky, employed a person who was positive for the
Hepatitis A virus.
9
an epidemic of Hepatitis A in Northern Kentucky, did not require its employees, especially its
food service handlers and servers, to assure the Newport Syndicate that each of them was not
infected with the Hepatitis A virus.
an epidemic of Hepatitis A in Northern Kentucky, did not require its employees, especially its
food service handlers and servers, to get a Hepatitis A vaccination either during or prior to
employment.
39. Each class representative as well as each class member was exposed to the Hepatitis A
virus merely from visiting, eating or working at the Newport Syndicate.
40. But for having visited or being employed by the Newport Syndicate, the members of the
class would not have been exposed to the Hepatitis A virus.
41. As a result of the exposure to the Hepatitis A virus, the class representatives as well as
the class members, were caused undue fear, trauma and stress as a result of the exposure and
each was required to obtain a Hepatitis A vaccination or other medical treatment as a result of
the exposure.
SECOND CAUSE OF ACTION - STRICT PRODUCT LIABILITY
establishment that prepares, manufactures and sells food to its customers and patrons.
43. The Newport Syndicate had an employee food handler, food server who was positive for
the Hepatitis A virus during the dates of July 25, 2018 through August 11, 2018.
10
44. Between the dates of July 25, 2018 through August 11, 2018, the Newport Syndicate
prepared, cooked, manufactured and sold to its customers food that was exposed to a Hepatitis A
infected employee or that was prepared by a Hepatitis A infected employee.
45. Food that is exposed to or prepared by a Hepatitis A employee is adulterated, unsafe, and
in a defective condition and unreasonably dangerous to the consumer.
46. The defendant is the seller of a food product that exposed class members to the Hepatitis
A virus.
47. Regulations and statutes in Kentucky prohibit the sale of contaminated food product.
48. The food product that the defendant prepared and sold, and that the plaintiffs consumed,
was a contaminated. The Newport Syndicate at all times material to this action, has been
engaged in the business of selling food products to persons such as the plaintiffs.
49. The plaintiffs allege that the food product that the Newport Syndicate manufactured and
sold, and that the plaintiffs consumed, was in a defective condition unreasonably dangerous to
the plaintiffs at the time that it left the defendant's hands because it was exposed to, prepared by
or served by an employee infected with the Hepatitis A virus and thus, was adulterated, unsafe,
and defective as a result.
50. Because the food that the defendant manufactured and sold and that was later
consumed by the plaintiffs was adulterated, not reasonably safe in construction, not fit for human
consumption, and lacked adequate warnings, the Newport Syndicate is liable to the plaintiffs for
the harm and exposure proximately caused to the plaintiffs by their manufacture and sale of food
exposed to or prepared or served by an employee infected with the Hepatitis A virus.
THIRD CAUSE OF ACTION – NEGLIGENCE AND NEGLIGENCE PER SE
11
establishment that prepares, manufactures and sells food to its customers and patrons. The
Newport Syndicate employed a food handler, food server who was positive for the Hepatitis A
virus between the dates of July 25, 2018 through August 11, 2018.
52. The Newport Syndicate manufactured, distributed, and sold a food product that was
potentially adulterated, that was not fit for human consumption, and that was not reasonably safe
as designed, manufactured, or sold.
53. The Newport Syndicate was negligent in manufacturing, distributing, and selling of a
product that was exposed to the Hepatitis A virus, or was adulterated with Hepatitis A virus, and
as a result was not fit for human consumption.
54. The Newport Syndicate had a duty to properly supervise, train, and monitor its
employees, or the employees of its agents or subcontractors engaged in the preparation of its
food products, to ensure compliance with the operating standards and to ensure compliance with
all applicable health regulations as required by Kentucky statutes and regulations governing food
safety and the preparation of food.
55. The Newport Syndicate failed to properly supervise, train, and monitor its employees
engaged in the manufacture, preparation, and delivery of the food product that the Newport
Syndicate sold or served to its patrons as required by Kentucky statutes and regulations
governing food safety and the preparation of food, and, thus, breached that duty.
56. The Newport Syndicate owed a duty to the plaintiffs and class members to comply with
all applicable local, state, and federal health and safety regulations that pertain or apply to the
manufacture, distribution, storage, labeling, and sale of its food products.
12
57. The Newport Syndicate breached that duty by its manufacture, distribution, storage,
labeling, and sale of adulterated, unsafe, and unhealthy food products to the plaintiffs and
members of the class.
58. The Newport Syndicate owed the plaintiffs and members of the class a duty to exercise
reasonable care in the preparation and sale its food products, as it was reasonably foreseeable
that the defendant' s manufacture and sale of food products exposed to or contaminated with
Hepatitis A virus would cause injury to and harm all persons exposed to the Hepatitis A virus by
an infected employee.
59. The Newport Syndicate, by preparing and selling food that was exposed to or
contaminated by Hepatitis A virus breached that duty, and thereby caused injury to the Plaintiffs
and the members of the class.
60. Plaintiffs and members of the class, as customers and patrons of the defendant, were
business invites, or were employees and are among the class of persons to be protected by the
statutory and regulatory provisions pertaining to the manufacture, distribution, storage, labeling,
and sale of food by the defendant.
61. The Newport Syndicate was negligent and is negligent per se and as a matter of course
for producing and selling a food product exposed to or contaminated by the Hepatitis A virus and
in allowing one or more of its employees with Hepatitis A to have direct and/or indirect contact
with customers and the food to be served to customers.
The defendant's negligent acts and omissions included, but are not limited to:
61(a) Failure to require that their employees be vaccinated against Hepatitis A when there
is an epidemic of Hepatitis A in Kentucky;
13
61(b) Failure to prevent one or more employees from working while infected with the
Hepatitis A virus;
61(c) Failure to notify their patrons and the public in a timely manner that one or more
of their employees was infected with Hepatitis A while preparing or serving food at the Newport
Syndicate;
61(d) Failure to prevent the contamination of food, drink, and the premises at
the Newport Syndicate;
61(e) Failure to promulgate, enforce and abide by work rules, protocols and policies
regarding ill employees involved in the handling, preparation, service and sale of food to the
public.
62. The defendant breached the aforementioned duties as alleged in this Complaint, and the
plaintiffs were injured as a proximate result.
FOURTH CAUSE OF ACTION

BREACH OF IMPLIED WARRANTY THAT FOOD
WILL BE SAFE FOR CONSUMPTION
63. In Kentucky there is an implied warranty of merchantability that a product will conform
to an ordinary buyer’s expectations and follow minimal quality specifications.
64. In Kentucky there is an implied warranty that food served at the Newport Syndicate will
be fit for human consumption.
65. The Newport Syndicate knows that its patrons and consumers rely on their skill and
judgment in the preparation of such food and expect and rely upon the Newport Syndicate to
operate in compliance with Kentucky health and safety statutes and regulations governing their
business operations.
14
66. Where the seller at the time of contracting has reason to know any particular purpose for
which the goods are required and that the buyer is relying on the seller's skill or judgment to
select or furnish suitable goods, there is an implied warranty that the goods shall be fit for such
purpose.
67. The sale or serving of food that has been exposed to an employee infected with the
Hepatitis A virus or who has prepared or served such food does not conform to the ordinary
person’s expectation of non-contaminated food and is a breach of both the implied warranty of
fitness for a particular purpose and the implied warranty of merchantability. See KRS 355.2-314
and KRS.2-315.
68. As a result of the Newport Syndicate’s breach the implied warranty of merchantability
and implied warranty of fitness the Plaintiffs and the class they seek to represent were injured
and had to obtain Hepatitis A vaccinations or other medical treatment.
DAMAGES
69. The named parties, and all those similarly situated, those persons who fit within the class
definition, have suffered general and special damages as the direct and proximate result of the
acts and omissions of the defendant.
70. These damages are common among the representative parties and proposed class
members and include: wage loss; medical and medical-related expenses; travel and travel-related
expenses; emotional distress; fear of harm and humiliation; physical pain; physical injury; and all
other ordinary, incidental, and consequential damages as would be anticipated to arise under the
circumstances.
71. Plaintiffs and the class they seek to represent reserve the right to amend this Complaint
should it become necessary as the case progresses.
15
PRAYER FOR RELIEF
72. For the reasons given this Complaint, the Plaintiffs on behalf of themselves and the class
they seek to represent pray for the Court for:
72(a) certification of a class as outlined herein;
72(b) an award of damages sufficient to cover the cost of medical treatment as a result
of their exposure to Hepatitis A virus, including the cost of a Hepatitis A vaccination;
72(c) an award of all costs and expenses associated with each class member’s exposure
to Hepatitis A at the Newport Syndicate;
72(d) damages for the fear, stress, trauma and emotional damages suffered by Plaintiffs
and the class they seek to represent as result of their exposure to the Hepatitis A virus at the
Newport syndicate;
72(e) attorney fees and costs associated with this suit;
72(f) all other relief that the Court deems just and equitable under circumstances.
16
Respectfully submitted by:
Donald L. Nageleisen (82905)
/s/Donald L. Nageleisen
DONALD L. NAGELEISEN PLLC

ATTORNEY & COUNSELOR AT LAW
2216 Dixie Highway Suite 203
Ft. Mitchell, KY 41017
Phone: 859-491-8887
Fax: 859-491-5544
dlnlegalmail@yahoo.com
Sherrill Hondorf (82405)
/s/Sherrill Hondorf
HONDORF LAW OFFICE

4490 Hartman Lane
Batavia, Ohio 45103
513-508-5048
hondorflawoffice@gmail.com
shondorf@gmail.com
NO FAX
17

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FILED ON AUG.

IN THE CIRCUIT COURT

CASE NO. 18-CI-770

CLASS ACTION COMPLAINT FOR DAMAGES

3. The Defendant, the Syndicate Restaurant, is incorporated as DW Productions, LLC and

Service of Process for DW Productions is Wayne Carlisle.

the Newport Syndicate.

2. JURISDICTION AND VENUE

Commonwealth of Kentucky and in Campbell County, Kentucky.

3. THE NATURE OF THE ACTION

6. PUBLIC HEALTH ALERT JUNE 4, 2018:

The Kentucky Department of Health declared a statewide outbreak of Hepatitis A

(Exhibit 1, June 4, 2018, NORTHERN KENTUCKY HEALTH DEPARTMENT LAUNCHES HEPATITIS A

received information on Hepatitis A, how to disinfect facilities, and handwashing posters to

excess of thirteen thousand dollars.

the wedding guests.

13. It is important to receive post-exposure treatment as soon as possible to prevent exposure

to the virus from developing into a full-blown Hepatitis A infection.

3. CLASS ACTION ALLEGATIONS

because of their exposure to the Hepatitis A virus at the Newport Syndicate.

as a result of their exposure to the Hepatitis A virus at the Syndicate.

and August 11, 2018.

Kentucky Health Department.

21. Food at the Newport Syndicate, manufactured, prepared or served by an employee

impracticable. Plaintiffs do not foresee a problem of notification to those affected class

B. QUESTIONS OF LAW AND FACT COMMON TO ALL

class, including but not limited to:

22(a) Whether food manufactured, prepared or served by an employee infected with

distribution under the laws and statutes of Kentucky;

manufactured, prepared or served by an employee infected with the Hepatitis A virus;

employees to work while infected with the Hepatitis A virus;

employees to obtain a medical check-up or a Hepatitis A virus vaccination when there is a

documented Hepatitis A epidemic in Northern Kentucky;

of the food product that the defendant sold to its patrons;

food safety and the serving of food to the public.

infected with the Hepatitis A virus;

defendant's product line;

the preparation and sale of food products;

manufacture, handling, preparation, service, and sale of food to the public;

exposure to the Hepatitis A virus at the Newport Syndicate;

Health Department to obtain a Hepatitis A vaccination or other medical treatment as a result of

from exposure to the Hepatitis A virus.

protect the interests of the whole class.

action. Kentucky Rules of Civil Procedure 23.02(b)

FIRST CAUSE OF ACTION – NEGLIGENCE

reasonable dangers to its customers, employees and patrons.

was positive for the Hepatitis A virus.

infected with the Hepatitis A virus.

virus merely from visiting, eating or working at the Newport Syndicate.

class would not have been exposed to the Hepatitis A virus.

SECOND CAUSE OF ACTION - STRICT PRODUCT LIABILITY

infected employee or that was prepared by a Hepatitis A infected employee.

in a defective condition and unreasonably dangerous to the consumer.

and defective as a result.

exposed to or prepared or served by an employee infected with the Hepatitis A virus.

THIRD CAUSE OF ACTION – NEGLIGENCE AND NEGLIGENCE PER SE

as designed, manufactured, or sold.

as a result was not fit for human consumption.

safety and the preparation of food.

manufacture, distribution, storage, labeling, and sale of its food products.

members of the class.

and the members of the class.

and sale of food by the defendant.