After weeks of being closed and simultaneously being investigated by the Health Department, Dave’s Sushi in Bozeman, Montana was definitively linked to a deadly outbreak. It finally reopened on May 25th, 2023, about a month after the outbreak turned deadly. Despite it being approximately a month since then, it seems Dave’s legal troubles are only beginning, as are the legal battles for the families of the decedants.
Ron Simon & Associates, one of the nation’s preeminent food poising law firms, has just filed a “Wrongful Death Lawsuit” along with their local counsel, attorney Chuck Watson of the Watson Law Office. The lawsuit was filed by Kelli Lewis on the behalf of the estate of William Lewis . “Bill” Lewis unfortunately passed away due to the complications of a mysterious pathogen. Mr. Lewis only showed symptoms for one day before succumbing to the quick-moving illness.
Investigators have yet to identify the original source of this food-borne pathogen, though more than one person has pointed their finger towards the morel mushrooms used in many of Dave’s Sushi’s products during that fateful period of time. The aforementioned mushrooms were cultivated in China, and then later distributed via a company in California. Although it is not yet clear whether or not these were the source of the outbreak, it is still clear that “adulterated food” was served to those who dined at Dave’s Sushi, says attorney Ron Simon. He added “one of the purposes of a lawsuit is to find out who the distributor was, and to get information on what pathogen might be at the heart of his tragedy.”
At this point in the investigation, according to unofficial reports, approximately 41 people have been confirmed to have been sickened in Dave Sushi’s outbreak, including the 2 people who died (Mr. Lewis and Ms. Ventura). Both Mr. Lewis, a 74-year-old male, and Ms. Ventura, a 64-year-old female, are said to have ordered a “special roll” of sushi that contained the morel mushrooms under investigation and salmon. Although the investigation is ongoing, it is quite possible the same morel mushrooms have been distributed to other companies in other states. If so, the link has not yet been established – either because none of those other patrons have died and/or because the causal pathogen remains a mystery.
Anthony Coveny, a lawyer at Ron Simon & Associates and one of the lead attorneys on this said: “It is both unnerving and deeply saddening how quickly this pathogen works. Unfortunately, at the moment we can only continue to investigate and hope to understand this tragedy better. In time we hope to understand what role Dave’s Sushi played in this outbreak and what role others might have had.”
However this investigation turns out, the attorneys from both Ron Simon & Associates and the Watson Law Office sent their deepest condolences to the victims and families of those affected.
