Lawsuit filed by sons in Sequoias' E. coli death Lawsuit filed by sons in Sequoias' E. coli death (February 25, 2004)

The death from E. coli infection of an elderly resident of The Sequoias retirement community in Portola Valley is now the basis of a wrongful-death lawsuit against the food supplier that serves the facility.

The sons of Alice McWalter -- Keith and Craig -- are suing Sodexho America, LLC, The Sequoias' food service contractor, for preparing and serving pre-washed raw spinach tainted with a dangerous form of E. coli bacteria last October, according to the complaint.

The outbreak lasted two weeks and sickened 16 residents. Ms. McWalter, 85, and nine other residents were hospitalized. The suit states that Ms. McWalter ate tainted food and died October 26 from an incurable form of E. coli infection.

The suit alleges negligence, liability and breech of an implied warranty of safety on the part of Sodexho, and seeks relief for medical bills, funeral expenses and an unspecified amount for Ms. McWalter's pain and suffering, said the plaintiffs' attorney, Bill Marler.

Mr. Marler, who has handled many cases of this type, said three other people related to The Sequoias outbreak have contacted him, but have not retained his services.

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