Boynton Beach family sues Boston Market, claims salmonella led to father's death

Gary Kidwell died 3 months after eating there
Posted at 5:02 PM, Nov 18, 2016
and last updated 2016-11-18 18:58:44-05

A Palm Beach County family has sued Boston Market Friday claiming it served Gary Kidwell food contaminated with salmonella, that eventually led to the 39-year-old’s death.

Kidwell’s family said he stopped for dinner at the Boston Market on the corner of Military Trail and Boynton Beach Blvd in November 2014. They believe something in the turkey platter he ate caused his death three months later.

Speaking at a news conference Friday, Kidwell’s family said the only thing he loved more than sports was his kids.

“He lived for them so to speak,” said Kidwell’s mother Amanda Denton.

Now three sisters will grow up without a father.

“We talked to him every day and his death has just left a huge hole in our hearts,” explained Denton, who lives in Virginia.

The family maintains that health experts linked Kidwell’s salmonella to a Boynton Beach Boston Market restaurant.

Lawyers from the Personal Injury & Accident Law Center blame poor training and oversight by Boston Market for failing to have employees wash their hands.

“It’s quite possible that creates an unreasonable risk of harm to consumers today,” said attorney Brandon Labiner.

His law firm provided health department records that show inspectors found repeat violations at the restaurant. 

It now has Kidwell's family thinking twice every time they eat out.  

“It’s a huge eye-opener when you have to suffer and watch someone suffer over something that is preventable. You pay more attention,” said Kidwell’s sister, Christa MacDonald.

This lawsuit doesn’t ask for a specific amount of money. Kidwell’s mother hopes most of all it saves other lives.

“I just don't wanna see anyone else die from this, it's just not necessary,” Denton said.

A Boston Market spokesperson released the following statement:

“We have been aware of the claim for more than a year and a half.  When we were first made aware of the claim, we requested information from the plaintiffs’ attorneys to support the claim, and despite continuing to request such information supporting the claim, none has been provided.  To date, the plaintiffs’ attorneys have not produced any evidence that Mr. Kidwell ate at the Boston Market restaurant, and no hospital or medical records have been provided.  Health department inspections prior to and immediately following the alleged incident in 2014 resulted in no follow up by the Health Department and met inspection standards.  We do not have any other claims related to this Boston Market location during the relevant time period.  Our thoughts and prayers go out to the Kidwell family, however, we intend to vigorously defend ourselves. ”