Motion filed in Decatur oyster lawsuit to substitute man in late wife's place

The lawsuit claims that Ard’s Seafood Market in Decatur sold bad oysters to a woman, leading to amputation and, eventually, death.

Posted: Jan 23, 2019 7:50 PM
Updated: Jan 24, 2019 9:37 AM

WAAY 31 has learned more about a lawsuit filed against a seafood business in Decatur.

The civil suit was initially filed in June of 2018, claiming Ard’s Seafood Market sold bad oysters to a woman, leading to amputation and, eventually, death.

WAAY 31 reached out to the owner of Ard's Seafood Market, Decatur City Councilman Chuck Ard, and his lawyer, and we received the following statement: “My client feels terrible for the Kennedy family, but the business did nothing to contribute to her illness or death. The challenging part of dealing with raw seafood is that there may be nothing wrong with it whatsoever, but each person can have a different reaction to it.”

According to the original lawsuit, in April of 2017, Dawn Kennedy bought oysters from Ard’s Seafood Market and ate them later that day.

After eating the oysters, the suit claims Kennedy got a flesh-eating bacteria and had to undergo several surgeries--resulting in the amputation of her left arm, as well as liver and respiratory failure.

Kennedy claimed the seafood business failed to prevent a dangerous bacteria from getting inside the oysters and served seafood that was not fit for human consumption.

Dawn Kennedy died a month after she filed her lawsuit. According to court documents, everyone involved in the case was made aware of her death in August of 2018.

Because of her death, her attorney filed a motion last week to substitute her husband, Doug, in her place so that he would be the personal representative of her estate.

However, the judge for the case—Stephen Brown—recused himself just two days later, and so a new judge now has to be assigned to the case.

WAAY 31 reached out to Dawn Kennedy’s husband and her attorney for a comment, but we're still waiting to hear back from them.

We will continue to follow this story and bring you updates as soon as they become available.

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