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Joey Eau Claire’s COVID-19 Outbreak Class Action Lawsuit Overview:
- Who: The parent company of Joey Eau Claire has been hit with a class action lawsuit alleging negligence.
- What: The suit comes after a COVID-19 outbreak was reported at the restaurant in March.
- Where: The claim was filed in Alberta, Canada.
Negligence on the part of the owner of Calgary restaurant Joey Eau Claire led to a COVID-19 outbreak that infected 58 people, 39 of whom were infected with a variant strain of the virus, a new class action lawsuit alleges.
The lawsuit was filed by a diner who says he and his pregnant wife went to Joey’s for dinner on March 13, and a week later both tested positive for the COVID-19. He says in the claim that staff at the restaurant were not following COVID-19 safety protocols, and that the restaurant did not appropriately notify diners of the outbreak, Global News reports. He is seeking $17 million in damages.
The class action lawsuit, filed by firm Guardian Law Group LLP, says that six of the couple’s close contacts, including both sets of their parents, then contracted the virus and the plaintiff’s wife and mother both had to be hospitalized. The wife now has to be monitored throughout her pregnancy, the lawsuit states.
The diner says Joey Eau Claire’s parent company Joey Tomato’s failed on a number of counts, including to implement adequate safety protocols; to warn the class members of COVID-19 exposures or infections at Joey; to monitor adequate separation between customers and customers and staff; to conduct regular testing; to adhere to mandated protocols; to adequately clean; and more.
Joey Eau Claire was issued two notices of violations under the Public Health Act in March, once on March 6 and again on March 12.
Class counsel Mathew Farrell told Global News that more than a dozen people had contacted him wanting to be involved in the class action lawsuit.
“The allegation is that the restaurant didn’t do things that were within its control, things that were reasonable, in order to minimize the transmission of COVID-19,” Farrell said.
When reached for comment by Global News, Joey Tomato’s said in a statement that the company had only just learned about this class-action lawsuit.
“We take the safety of our employees and patrons very seriously,” the statement read.
“We have consistently followed the public health guidelines and recommendations of Alberta Health Services and have cooperated fully with AHS in respect of this matter.”
Have you gone back to indoor dining during the pandemic? Tell us if you felt safe inside the restaurant in the comments section below!
Plaintiffs are represented by Guardian Law Group LLP.
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