Diane Roney took only two bites out of a Wendy's bacon cheeseburger before losing her appetite and throwing it in the trash. Given the outcome of her food-poisoning case against the fast-food chain, she should have kept it as evidence.

A federal jury took only 30 minutes to decide last week that the burger was not contaminated with E. coli bacteria and did not cause Roney to become violently ill. She was admitted to a hospital with kidney failure the day after sampling the sandwich in March 2001 at a Wendy's restaurant in Saco, Maine.

Wendy's argued that Roney, 57, fell ill from a possible enzyme deficiency and, if she did have E. coli, could have been infected by other food she ate or exposure to schoolchildren who might not have washed their hands after using the restroom.

"Given all of the undisputed facts, a reasonable jury could only speculate that the cheeseburger sandwich was to blame," the company said in a brief.

Roney claimed she ate a burger that was so raw it leaked about a spoonful of blood when she cut it in half. Undercooked meat, particularly hamburger, is believed to be the most common cause of E. coli infection in the U.S.

But proving causation is the major problem for plaintiffs in food-poisoning cases and Roney barely survived a motion for summary judgment.

In a March ruling, U.S. Magistrate Judge Margaret J. Kravnick noted that Roney's case for causation was "complicated" by the fact that "the subject bacon cheeseburger was discarded and, hence, could not be examined for the presence of E. coli bacteria."

Doctors also waited too long to take a stool or other culture from Roney that could be tested for E. coli contamination.

"I find this question to be an extremely close one to call," Kravnick said of the causation issue before allowing the case to proceed to trial. It obviously wasn't close for the jury.

By Matthew Heller
8/7/06