HomeMy WebLinkAbout96-03206
4. At alltimcs matcrial hcrcto, Dcfcndants proccsscd, packagcd, sold and/or
distributcd a packagc of marinatcd chickcn which Defendant Giant Food Storcs sold to
Plaintiff on or about Scptcmbcr 10, 1995.
5, On or about September 15, 1995, Plaintiff atc thc subjcct chickcn and
suffercd scvcre and disabling injurics as a rcsult thereof.
6. As a result of eating the chicken, which was contaminated with salmonella
and/or other dangerous substances, Plaintiff suffered severe and disabling injurics, which
included injuries to her nerves, bones, muscles, joints and fascia, sepsis and systemic
injuries, pain and suffering, mental and emotional distress.
7. As a result of her injuries, Plaintiff was forced to expend sums of money
for medical care and treatment, rehabilitation and care, and she lost earning and suffered loss
of life's pleasures and diminution of activities.
8. At all times material hereto, Defendants acted individually, jointly and/or
severally through their agents, servants and/or employees within the course and scope of
their employment or agency.
COUNT I
PLAINTIFF v. DEFENDANT GIANT FOOD STORES
9. Plaintiff incorporates herein by reference the allegations of paragraphs 1
through 8 as if fully set forth at length.
10. The aforesaid food product was in a defective condition when Defendant
distributed, sold, supplied, packaged, processed and/or marketed it, and the defects caused
the injuries to Plaintiff as previously described,
WHEREFORE, Plaintiff demands judgment against Defendant individually,
jointly and/or severally, in an amount in excess of $25,000,00, exclusive of interest, costs
and delay damages.
COUNT II
PLAINTIFF v. DEFENDANT GIANT FOOD STORES
II. Plaintiff incorporates herein by reference the allegations of paragraphs I
through 8 as if fully set forth at length.
12. At the time Defendant distributed, sold, supplied, packaged, processed
and/or marketed the aforesaid food product, Defendant represented to persons such as
Plaintiff the express and implied warranty that the product was safe, fit for its intended use
and of merchantable quality.
13. The aforesaid salmonella and/or other dangerous substances contaminated
the chicken, and caused injuries and damages to Plaintiff, constituting a breach of warranty
by Defendant to Plaintiff.
WHEREFORE, Plaintiff demands judgment ~gainst Defendant individually,
jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs
and delay damages.
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