The case, filed October 10, 2025, in San Diego Superior Court, marks the latest in a string of legal actions stemming from the highly publicized foodborne illness incident that left dozens sick, hospitalized several, and resulted in one confirmed death. According to court filings, plaintiff Jeremy Byrd and his stepbrother both fell violently ill after dining at the 4S Ranch Miguel’s Cocina in October 2023.
The lawsuit alleges that the restaurant served food contaminated with Shiga-toxin-producing E. coli (STEC), the same virulent strain identified by county health officials during the outbreak. The complaint further accuses the restaurant of allowing fly and vermin infestations near food preparation areas, misusing pesticides inside the facility, and failing to maintain proper sanitation practices, resulting in the sale of “fecally contaminated, adulterated, and toxic food.”
The 4S Ranch location became the epicenter of a countywide health investigation in late 2023 after at least 35 confirmed cases of E. coli poisoning were traced to the restaurant. Victims included children, seniors, and restaurant employees, with seven hospitalizations and one fatality. The death of 87-year-old John Christ Ferber, a Korean War veteran and longtime San Diego banker, was later confirmed by the county medical examiner as linked to the outbreak. Investigators also identified a food handler who tested positive for the same bacterial strain.
The restaurant temporarily closed following the outbreak, underwent deep cleaning, replaced all ingredients on site, and retrained staff before reopening in November 2023. However, the reputational fallout proved lasting, and the 4S Ranch location will permanently on November 4, 2025. The space is set to become a Flecha Cantina, part of actor Mark Wahlberg’s growing restaurant portfolio, slated to open in 2026.
This most recent lawsuit follows several earlier cases filed by other victims in late 2023, including Denis Bisson, who alleged he became ill after eating mushroom, chicken, and shrimp fajitas at the restaurant. Attorneys representing plaintiffs have argued that the outbreak spanned nearly two weeks, indicating prolonged exposure to contaminated ingredients. Cilantro was speculated as a possible source, though county health officials never confirmed a definitive cause.
The Brigantine Restaurant Group, which operates more than 20 San Diego County restaurants under brands such as The Brigantine Seafood & Oyster Bar, Miguel’s Cocina, Top Sail, and Ketch Brewing, has not commented publicly on the new lawsuit. The company continues to pursue major development projects, including a proposed $25.6 million redevelopment of The Fish Market property on North Harbor Drive into a new multi-venue waterfront complex called The Landing.
The Miguel’s Cocina brand remains active with locations in Old Town, Point Loma, Coronado, Carlsbad, and Portside Pier, though the 4S Ranch outbreak remains one of the most serious foodborne illness incidents in recent San Diego history.
The 4S Ranch location became the epicenter of a countywide health investigation in late 2023 after at least 35 confirmed cases of E. coli poisoning were traced to the restaurant. Victims included children, seniors, and restaurant employees, with seven hospitalizations and one fatality. The death of 87-year-old John Christ Ferber, a Korean War veteran and longtime San Diego banker, was later confirmed by the county medical examiner as linked to the outbreak. Investigators also identified a food handler who tested positive for the same bacterial strain.
The restaurant temporarily closed following the outbreak, underwent deep cleaning, replaced all ingredients on site, and retrained staff before reopening in November 2023. However, the reputational fallout proved lasting, and the 4S Ranch location will permanently on November 4, 2025. The space is set to become a Flecha Cantina, part of actor Mark Wahlberg’s growing restaurant portfolio, slated to open in 2026.
This most recent lawsuit follows several earlier cases filed by other victims in late 2023, including Denis Bisson, who alleged he became ill after eating mushroom, chicken, and shrimp fajitas at the restaurant. Attorneys representing plaintiffs have argued that the outbreak spanned nearly two weeks, indicating prolonged exposure to contaminated ingredients. Cilantro was speculated as a possible source, though county health officials never confirmed a definitive cause.
The Brigantine Restaurant Group, which operates more than 20 San Diego County restaurants under brands such as The Brigantine Seafood & Oyster Bar, Miguel’s Cocina, Top Sail, and Ketch Brewing, has not commented publicly on the new lawsuit. The company continues to pursue major development projects, including a proposed $25.6 million redevelopment of The Fish Market property on North Harbor Drive into a new multi-venue waterfront complex called The Landing.
The Miguel’s Cocina brand remains active with locations in Old Town, Point Loma, Coronado, Carlsbad, and Portside Pier, though the 4S Ranch outbreak remains one of the most serious foodborne illness incidents in recent San Diego history.
Originally published on October 11, 2025.
