The Kentucky Court of Appeals overturns a case against Red Lobster worth almost a quarter-of-a-million dollars.
Back in September 2005 Tim Emberton sued Red Lobster and its employee, Carissa Phelps, claiming they gave him Hepatitis A. Emberton even took the stand to describe the intensity of his illness.
The jury found Red Lobster liable and awarded Emberton almost $9,000 in medical expenses and $225,000 for pain and suffering, but Red Lobster's attorney told us the Court of Appeals unanimously overturned the verdict because Emberton did not file his lawsuit within the one year statute of limitations. That means he won't get any money.
Emberton has 30 days to ask the Kentucky Supreme Court to review the appellate court's decision. But his attorney says they first will ask the appeals court to reconsider its opinion.