By Nathan Wright

THE LATEST: A 25-year-old woman won an appeal that could garner $3.2 million in damages from Dana Point’s Salt Creek Grille after suffering permanent nerve damage from food poisoning contracted at the restaurant, according to an October 27 judgment released by the California Appellate Court.

According to the judgment, Alexis Sarti of Costa Mesa ate an appetizer “consisting of raw ahi tuna, avocado, cucumbers and soy sauce” on April 7, 2005 and was later diagnosed with guillain-barre syndrome—a nerve-damaging disease—tests found bacteria in her system common in raw chicken, not in tuna. Her doctor believed the tuna was contaminated with bacteria from raw chicken at the restaurant.

Sarti sued the restaurant in 2006 and the jury ruled in her favor, but the judge reversed the verdict because jurors had made their decision by inferring that the tuna had caused the food poisoning without concrete proof. The tuna itself was never tested; it had been thrown out days before doctors diagnosed Sarti’s condition.

On October 27 judge Derek Hunt overturned the previous judge’s decision.

On Tuesday Salt Creek Grille Restaurants President Tim McCune expressed disappointment in a written statement. “Our number one priority has been, and will always be, the safety and well-being of our guests,” he says. “While we remain sensitive to Ms. Sarti’s well being, we are deeply disappointed by the appellate court’s decision in the Sarti v. Salt Creek Ltd. court case. However, since we served our first guest many years ago, we have proudly stood by our products and core values are extremely confident that through the appeals process our company and staff will be vindicated.”

McCune said the restaurant will appeal the decision to the highest level court allowed, including the California Supreme Court.

Evidence from the Orange County Health Department later showed that Salt Creek Grille “takes great pains to separate its raw tuna from its raw chicken” but the jury found that the four possible practices—including rags that were not sanitized between table wipings—opened the door for contamination.

WHAT’S NEXT: Salt Creek Grille ownership plans to appeal the decision.

Read Salt Creek Grille’s official statement and the California Appellate Court’s decision below:

Salt Creek Grille’s official statement

California Appellate Court’s decision

FIND OUT MORE: www.courtinfo.ca.gov