Food lawsuit: Can a fly in salad cause illness? Can an e-mailer be sued for defamation?

A guy goes into a restaurant in Aurora, Ill., and says, “Waiter, there’s a fly in my salad.”

The guy has a burger instead and the restaurant, Walter Payton’ Roundhouse, picks up the bill.

The guy then goes home and sends an e-mail to some 300 people, stating,

“Health Warning:  The Kane County Health Department will be conducting an on-site inspection of Walter Payton’s Roundhouse after several complaints about flies within meals. Please stay away until the Kane County Health Department issues their official findings.”

The Health Department apparently investigated the incident and found a small number of fruit flies around the bar.

Last week, America’s Brewing Co., which owns the restaurant, sued the guy for defamation, seeking more than $100,000.