All News / /

Judge allows plaintiffs in salmonella outbreak to sue companies

PITTSBURGH - A West Virginia federal bankruptcy judge has allowed more than 80 people who claim they were sickened by salmonella-tainted tomatoes to sue the company that supplied the tomatoes and the Sheetz convenience store chain.

Federal Judge L. Edward Friend II signed an order Wednesday allowing plaintiffs to sue Coronet Foods Inc., a bankrupt Wheeling, W.Va., company, and Sheetz after attorneys for Coronet said they didn't want to mediate the lawsuits.

Seattle food-illness attorney Bill Marler, who had sought mediation, said he planned to file a class-action lawsuit Thursday naming Coronet.

Eric Anderson, the Pittsburgh attorney defending Coronet against lawsuits, declined comment, saying he had not had time to talk with Coronet officials. Coronet's bankruptcy attorney, Charles J. Kaiser Jr., said he had not seen the order but any rewards would be paid from Coronet's insurance.

Coronet shut down in October and filed bankruptcy shortly after a few lawsuits were filed. The company has $11 million dollars worth of insurance covering it, Marler has said.

Mike Cortez, vice president and general counsel for Sheetz, said the order didn't necessarily preclude the convenience store chain from settling the claims. Sheetz's goal has been the same, Cortez said, "let's get them in, find out what their claims are and take care of them."

More than 400 people were sickened in Pennsylvania, Ohio, West Virginia and six other states after eating Roma tomatoes served at Sheetz stores last year, according to the Centers for Disease Control and Prevention. The CDC traced the tainted tomatoes to a Florida packing house that it did not identify, but said the packing house followed food-safety practices and no trace of the bacteria was found there.

Food inspectors also said Coronet and Sheetz did nothing wrong, but under the law they can be held liable because they supplied and prepared the tomatoes for human consumption.

Nobody died in the Sheetz outbreak. Marler has said most claims will be for less than $100,000 to cover medical bills, lost wages and pain and suffering.

Get Help

Affected by an outbreak or recall?

The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

Get a free consultation
Related Resources
E. coli

...

E. coli Food Poisoning

What is E. coli and how does it cause food poisoning? Escherichia coli (E. coli) is a highly studied, common species of bacteria that belongs to the family Enterobacteriaceae, so...

E. coli O157:H7

E. coli O157:H7 is a foodborne pathogen that causes food poisoning. E. coli O157:H7 is the most commonly identified and the most notorious Shiga toxin-producing E. coli (STEC) serotype in...

Non-O157 STEC

Non-O157 Shiga Toxin-Producing E. coli can also cause food poisoning. E. coli O157:H7 may be the most notorious serotype of Shiga toxin-producing E. coli (STEC), but there are at least...

Sources of E. coli

Where do E. coli O157:H7 and non-O157 Shiga toxin-producing E. coli (STEC) come from? The primary reservoirs, or ultimate sources, of E. coli O157:H7 and non-O157 STEC in nature are...

Outbreak Database

Looking for a comprehensive list of outbreaks?

The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

View Outbreak Database