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HomeMy WebLinkAbout97-00512 I ~I ~, ~ 'It ~ ~ ~ ~ ~ ..: ~ ~ ( ~ J ( \. ~ - ., ') .... ~ ~( , "-i ~I ~ ""''' '~;,./ - --..., ;'Yk; ~" ~,', , ""'~'~;;: \ j ; ., \\ i~ -.. County, Pennsylvania and bring this action on their own behalf, and as guardians ad litem for their minor child, Chad L, Jumper ("Chad") . 2. Defendant, Palmyra Bologna Company (" PBC") , is a Pennsylvania business corporation with manufacturing facilities located at Lebanon, Pennsylvania and Palmyra, Pennsylvania. 3. Defendant, Giant Food Stores, Inc. ("Giant"), is a Delaware corporation registered in the Commonwealth of Pennsylvania that regularly does business throughout Pennsylvania. 4. At all relevant times, PBC processed, prepared, packaged, distributed and sold to retailers for resale to the consuming public, processed meat products, bologna and Lebanon bologna under the names "Seltzer's," "Kahn," "Medford," "Peter Eckrich," "Hansel & Gretel," "Eckrich," "Kroger," "America's Choice," "Super-G," "Bomberger," and "Swift," (hereinafter collectively referred to as "Bologna") throughout Pennsylvania and the United States. 5. At all relevant times, PBC marketed, sold and supplied its products and otherwise regularly did business in Cumberland County, Pennsylvania. - 2 - 11. During this same period, higher incidences of salmonella infection were reported to the Pennsylvania Department of Health. 12 . The Pennsylvania Department of Heal th determined that the source of salmonella infections was meat products produced by PBC, including those PBC products which were sold by Giant, 13. Based on the information given to it by the Pennsylvania Department of Health, on October 9, PBC initiated a recall of bulk regular Seltzer brand Lebanon bologna, which is a product which would be sliced at a deli counter. 14. On or about October 11, the United States Department of Agriculture ("USDA") issued a statement that PBC was going to voluntarily expand its recall to include all of the brand names listed in paragraph 3 above which had "sell by" dates between November 28, 1995 and February 6, 1996. 15. Thereafter, PBC contracted with Silliker Laboratories to determine if salmonella existed in its facilities, 16. Upon inspection following the recall, Silliker Laboratories did find salmonella in a drain at PBC's Lebanon facility. A copy of said test result is attached hereto as Exhibit "A" and incorporated herein by reference. - 4 - 17. Upon inspection and testing, Silliker Laboratories found that numerous samples of raw meat taken from the PBC facilities were contaminated with salmonella. A copy of said test results is attached hereto as Exhibit "B" and incorporated herein by reference. 18. Ni ne samples of PBC bologna obtained from ill consumers who were salmonella positive after purchase were tested by the Pennsylvania Department of Health. These samples tested positive for salmonella contamination with the same serogroup and serotype of salmonella as were found in the stool cultures of the sickened customers. ~ Exhibit "C." 19. Prior to the salmonella outbreak, PBC in the processing of its Lebanon bologna products, relied on a "natural fermentation" process to eliminate pathogens such as salmonella from its products. PBC did so with full knowl edge that this process failed the Standards for Good Manufacturing practices for Fermented Dry and Semi-dry Sausage promulgated by the American Meat Institute, which rejects the practice stating "this method is unreliable and should not be used," and with the further knowledge that the natural fermentation method posed a substantial risk of serious injury to consumers. Following the salmonella outbreak, PBC abandoned its reliance on the natural fermentation process and adopted use of a lactic acid starter culture to more reliably - 5 - company was actually permitted to review a draft of the USDA report and suggest changes to the report prior to its issuance. Notwithstanding PBC's direct participation in drafting the final report, the USDA Report concludes: Due to the inability to pinpoint an exact production lot, a lack of complete documentation of the critical factors for each lot, and the absence of microbiological sampling data during the time frame when the suspected product may have been produced, it could not be determined if a process failure had occurred or if high numbers of S. typhimurium were present in the raw beef. Research has shown that when raw meat contains high numbers of S. typhimurium, 3 days (72 hours) of fermentation are not adequate to destroy all of the microorganisms when using natural fermentation and aged beef in Lebanon bologna manufacture (Smith, et al., 1975). Therefore, S. typhimurium could have survived the process that was in use by the manufacturer when the outbreak occurred if the organism was present in high numbers (>10' per gram) in the raw beef. 22. The United States Department of Health and Human Services, Centers for Disease Control and Prevention ("CDC") also performed PFGE testing of the S. typhimurium isolates collected by the Pennsylvania Department of Health from PBC Lebanon Bologna and human cultures, and concluded: Overall, these PFGE results support the epidemiological study showing an association between consumption of this bologna and infection with S. typhimurium. - 7 - t .~ 23. On or about September 29, 1995, the Jumpers purchased Seltzers regular Lebanon Bologna at the deli of the Giant located at Silver Springs Common in Mechanicsburg, pennsylvania. 24. Plaintiff Leonard P. Jumper, Jr. consumed the Bologna during the week following the purchase of the Bologna. 25. On Thursday, October 5, 1995, Leonard P. Jumper began to feel ill with symptoms of stomach cramps, nausea, diarrhea, fever, and headache. 26. Plaintiff's minor son, Chad, consumed tainted Bologna from the same package as his father on or about Sunday, October 8, 1995. 27. On or about Monday, October 9, 1995 Chad began to feel ill with symptoms of stomach cramps, nausea, diarrhea, fever, headache and, subsequently blood in his stool. 28. Due to the increasing severity of his symptoms, Chad was taken to a specialist and was then taken to Polyclinic Hospital where he was admitted on October 12, 1995. 29. While hospitalized, Chad had a stool sample taken and cultured and it was found to contain a form of Salmonella Group B. - 8 . , ~ ~ WHEREFORE, Plaintiff Leonard P. Jumper, Jr, demands judgment in his fewor and against Defendant, Palmyra Bologna Company, in an amount in excess of Thirty-Five Thousand Dollars ($35,000.00) together with punitive damages in a like or greater '" amount, interest and costs as allowed by law. COUNT II Leonard P. Jumoer. Jr. and Melissa S, JumDer (as Guardians Ad Litem for their minor child. Chad L. Jumoer) v. palmvra Bolocma COlll1)anv (Strict Liability) 44. Plaintiffs incorporate by reference the averments set forth in paragraphs 1 through 43. 45. As a direct and proximate result of the aforesaid defects, Chad was been substantially injured. 46. As the manufacturers of the defective Bologna, PBC is strictly liable for any and all damages and injuries sustained by Chad. Moreover, PBC's conduct as set forth herein was reckless and outrageous in that in the aforesaid actions PBC consciously disregarded a known risk of serious bodily injury or death to consumers, thereby entitling Plaintiffs to an award of punitive damages. - 12 - 53. PBC's misrepresentations were the direct and proximate cause of Chad's injuries. WHEREFORE, Plaintiffs Leonard P. Jumper, Jr. and Melissa S, Jumper, as Guardians Ad Litem for their minor child, Chad L. Jumper, demand judgment in their favor and against Defendant, Palmyra Bologna Company, in an amount in excess of Thirty- Five Thousand Dollars ($35,000.00) together with punitive damages in a like or greater amount, interest and costs as allowed by law. COUNT V Leonard P. JumDer. Jr. (individuallv) v. PalmYra Boloana ComDanv (Breach of Warranty) 54. plaintiffs incorporate by reference paragraphs 1 through 53. 55. At all relevant times, PBC expressly represented and warranted that its Bologna was free of adulteration and safe for human consumption. 56. At all relevant times, PBC knew of should have known that members of the consuming public, including Plaintiffs, would rely upon PBC's skill and expertise to manufacture a product that was free of adulteration and safe for human consumption. - 15 - 57. PBC expressly and impliedly warranted that its Bologna was free of adulteration and safe for human consumption and was merchantable and fit for the purpose for which it was manufactured and sold. 58. In fact, the Bologna was not contaminant-free, was not merchantable and was not fit for the purpose for which it was manufactured and sold. To the contrary, the Bologna was tainted and contained Salmonella bacteria which, when ingested, caused severe illness as described herein. 59. PBC breached the express and implied warranties it made to the public and to Plaintiffs for the reasons set forth above. 60. PBC's breach of express and implied warranties was the direct and proximate cause of Plaintiffs' injuries as described herein. WHEREFORE, Plaintiff, Leonard P. Jumper, Jr., individually, demands judgment in his favor and against Defendant, Palmyra Bologna Company, in an amount in excess of Thirty- Five Thousand Dollars ($35,000.00) together with punitive damages in a like or greater amount, interest and costs as allowed by law. - 16 - w. failing to institute and maintain a vendor quality control and quality assurance program for constituent ingredients used in PBC bologna, 70. PBC's negligence and recklessness, as stated above, was the direct and proximate cause of Plaintiff's injuries. WHEREFORE, Plaintiff, Jr. Leonard P. Jumper, individually, demands judgment in his favor and against Defendant, Palmyra Bologna Company, in an amount in excess of Thirty- Five Thousand Dollars ($35,000.00) together with punitive damages in a like or greater amount, interest and costs as allowed by law. COUNT. VIII Leonard P. Jumoer. Jr. and Melissa S. Jumoer las Guardians Ad Litem for their minor child. Chad L. Jumoerl v. palmvra Bolocma COlJl1)anv Negligence 71. Plaintiffs incorporate by reference paragraphs 1 though 70. 72. PBC's negligence, ca~elessness and recklessness as stated above, was the direct and proximate cause of Chad's injuries. WHEREFORE, Plaintiffs, Leonard P. Jumper, Jr. and Melissa S. Jumper, as Guardians Ad Litem for their minor child, Chad L. - 21 - exhibit A Exhibit 8 J~ 11/15 WED 11:52 FAX liD, IU SIlJ.IJl!!l ~PA.". -' ...- --..--. - .. .-..-. SILL,IKER LABDRATDRIES ot= PENNBYLVANIA,INC, 749 Commerce Street Sinking Spring. PA . , BBoe t9 HIl 970.B940 . FAX lB' 01 97l).BB43 "DDD 'la...TY . DUALITY. NUTalTeaN 1ll0t: LABORATORY REPORT ~.~fo" t. 'I~~ r,'....... :,~'."... . .......o..-!' :.-\~....-. -'. ...:l..u...., ,,' t.: ~I lol13m I ... .011 laJtlIE' IIUIAGP ,AlIlRA tIlI.OGIIA CII. lit. Z30 .. Oll.l.lCZ It. '.0. lOll ," ,AlIlRA ,. 17071-0111 IA_U. IIA_ SNftE WPLl DtSCIIIPlIDlI UEIGlIf AP\I. T LOT 12l2.S'IAPIAO-U11 mG pOSITIvE IIDIIE' paLY OtOI: Z~ (AI LOT l2l2.s""'IAO-U11 mG pOSITIvE IIDIIE' a (01: 14 (AI LOT 1ZJ2.!IW'IAO-U11 mG pOSITIvE lIllIE' paLY C (01:Z4 (A' LOT lZJ2'I:lW'IAO-U11 mG POIITIVE IIOIIFr a,VI (01: U (A' LOT 1ZJ2""1.P1AO-U11 mG pOSl1IVE I'f" Me I SIll ElDI: L COMPLEX (lll LOT l2l2.llIAPllO'U11 mG pOSITIvE I'fIllC MC1 SIll 1 (01: Z4 Illl LOT l232.llIAPlllIHIAII mG pOSl1IVE I'flOl wnA SIll 1 (OJ: L COMPLEX (AI LOTI232._11lIHI1II mG pOSl1IVE pt" OUTaI SIll 1 (01: L COMPLEX (AI LOT IZJ2 'SIW'IAO-U11 mG _I1IVE '(Oil DlIl':JI lEG paLY C 101: Z~ (lll LOT 1ZJZ._IIIO-U11 mG POIITIVE pt.. Mal lEG 1(01: I COMP\EI (AI LOT fZ32._IIO-1A11 mG _I1IVE ,AL Ita paLY D 101. Z~ (lll l _(I IECEIVED: 10/1019S IEC'tIVED ,.01. ulAlDl. ,. IEVISED DAlE: 10/lB19S PBOOOBOB '1IILUKE!FlLAElCI '-TaFlIE!B t CIP peNNSYLVANIA, IHe. 7"'9 Commerce S_.t Sinking Sprlng, PA . 11ltl08 18'01870.88<10. Mllt8'01 870.8843 flDDD ......TY . DUALITY. NUT'lfT,aN 90RATORY REPORT ..",. 0l61ll6 1 10/0195 ..... ,...... -....'1.. ;. ~....-are--:-..,",~.""""",.,- ....~_'''''t\... "'>\:i\.\. '\.\"" I('...~ "".,'" , ... ItJI raJal' -- PAl",1A ICI.ClClIA al. I":. 230 .. CDLLrc:l 11. P.O. IlII 111 PWITIA 'A l1Dl11'D11I ~u -. lIA lEllUl ~ SNftr DESCl.P1.lJI tElGlIT 11M I LOT ml-C!l.1AI/ 375G POSITIVI IlII SIll VIIl . utDl' G lDI'LEI III LOT ml'C!l.IAV 375G POSITIVI IlII SlIT l/IIl . 0101. G lDI'LEI III LOT ml'C!l.1AI/ 375G POSITTVI IlII SlIT l/IIl . utDI' G CDOPlEI III LOT ml'C!l.L\V 375G POSITIVI PAL SIll . 101' 1 III v/ll . LOT ml'$A'IAV 375 G POSIlIVl LOll SAU VI: r 101. E,"" III LOT ml.!A.1AI/ 375G POSIlIVI LOll SAU VI: C'10I,%4.'CDMPlEXtll lOT ml.SA'IAV 375 0 POSITIVI 1'(" MOl 12101: I tuftEl III XEG VlC LOT ml....1AI/ 375G PUS III VI 1'(" MOl CI101' G COMPlEX lMI lEG V/C lor ml'!A..1AI/ 375G POSIl.VI ,UII OUICII CIlOl, I tDKPlEX III lEG V/t LOT rol'SA. tAii '. . 375G POSIlIVl 1'(" OUIOI CllOl: I COMPLEX III lEG V/C ~lES IEt!.VlD' 10109195 IEalVlD filii' Lr..-, 'A IEY1AD DATE' 10120195 . allTlUD . PB000813 Exhibit C ~.. . ~ ,.. ....~. , ~ .. OUTBREAK OF SALMONELLOSIS ASSOCIATED WITH LEBANON BOLOGNA, PENNSVLV~ 1995 SUMMARY A large outbreak of SalmOMl1a serotype ryphimurium (s. typhimurium) occurred in Pennsylvania from September 4 through November 3, 1995. Case stIlUS was associated with consumption of Lebanon bologna, an uncooked, smoked, scmi-dry, fermented beef sausage (odds ratio 20.6; 95% confidence interva14-131). The intplicated Lebanon bologna was produced by a single pennsylvania company. Nine cultureS of Lebanon bologna samples obtained from ill consumers were positive for S. ryphimurillnt. S. ryphimurium Isolates exhibited a variety of antibiotic susceptibility pattcm5 inclucling an unusual pattern of simultaneous ampIc:illiD, gentamicin and trimcthoprim-suJ&methoxazole resistance in 40'/. of patient Isolates tested. The most plausible"causes of the outbreak were use of S. ryphi~ed s1Upmcnt(s) of raw meat and failure of the production process to cliuUnatc the patbogcus. Control mca.surcs included a statewide alert to the public. a national recall ofan cstimated 250,000 kg. (550,000 Ibs.) of potentially contanUnated product, and production plant cfisinfcction. INTRODUcnON On September 25. 1995. the South Ccnual District EpidemIology Manager of the Pennsylvania Dcpamnent ofHca1th (DOH) notified the DMsIon ofConlJDlllDcable DIsease Epidemiology (CDE) ofan increase in scrogroup B Salmonella cases. Many of the isolates exhibited simultaneous ampicillin, gentamicin. and trimcthoprim-lP.lf1tftV!thoxazole resisIancc. an unusual resistance pattern. There were more than 50 c:ascs in September 1995 in the South Central District. compared to 26 cases in September 1994. bUtial patient interviews. conducted as part of routine S\1IVeHlancc, clid not identify a common source. In-depth interviews to determIne complete food 1Ust0ries for the thrcc-day incubation period before onset ofillncss were begun for all scrogroup B Salmonella c:ascs with onset ofiDness in September In the South Ccnual DIstrict. On October 4, the Bucks County. PA Department ofHcahh notified CDE of foUl' Salmonella cases, twO ofwlUch had been identified as scrogroup B. Food histories identified Lebanon bologna as a possible common etiology. Complete food histories of cases In the South Central District also identified Lebanon bologna as a possible etiology. Most of the case-paticnts had eaten deli-sliced ~on bologna. andof those who could idemi!y a specific brand. all named Seltzer's. The pennsylvania DOH Bureau ofLabara1orics, the Pamsylvania Department of Agriculture (PO A), the United States Dcpanmcnt of Agriculture (USDA). aDd the CCIIlCB for DiIease . Control and Prevention (CDC) paniciplled In this investigation. CDC00036 S. rypIIllfISlI'illlfl .t LcbIDOll bolopl 2 BACKGROUND The presence of Salmonella in a wide variety of fiesh meals has been well documented. U During the lIIIIUIficture of fermented ,a"ClIgel, such IS Lebanon bologna. pathogens are thought to be eliminated primarily IS a function of low pH and low water content.J.IO In addition to lowering the pH to less than 5, lWUJ'IlIy occurring or added lactobacilli, pediococc~ coccobacill~ and other nonpathogenic gram-positive orpnisms are thought to inhibit pathogen survival by competition with pathogens for nutrients. These gram-positive organisnls are also hypothesized to produce antibiotic-liIce byproducts which may inhibit pl1hogen survivaI."1I Multiplication of the gram-positive flora is the most imponant step in the production of pathogen-free u..ugl: from raw meat. Salt, i)'pically 11 3%, is primarily used to preyent growth of pscudomonads. S Nitrates are limited by federal Jtandards to concentrations too low to affect gram-negative pathogen survival.' Smoke is thought to decrease pl1hogen swvivaI. but may only affect the outer layer of the sausage.' . Over the past 30 years, several published outbreaks of salmonellosis were associated with uncooked fennented u"ClIges1.t2." and rell1ed meat products.I7-.' Also, studies documented the survival of Salmonella in commercialJy produced fermented sausage and in artificially inoculated fennented sausage in the laboratory.'" Subsequent recommendations included the heating of the meat to temperatures adequate for S-Iog reduction in pathogens.'" or the addition of gram-positive starter c:ulture to reduce or eliminate gram-negative pathogens, such IS Salmonella and E. coli 0157:H7, from the "'''"81:.'' . Lebanon bologna is an uncooked. smoked. ~.:mi-dry, femiented beefsausage. It has been produced by several companies in Lebanon County, PA for the past century. Although it is primarily sold in south central and southeastern Pennsylvania, the product is distn"buted nationally. One producer, the Palmyra Bologna Company, has been in operation for 93 years. It manufactures and seDs Lebanon bologna under a variety ofbrand names, including Seltzer's. Two plants. both USDA inspected, are operated by th& company. METHODS Epidemiologic JlMstigation In Pennsylvania, laboratories and clinicians are required to repon all cases of salmonellosis to the DOH. For this investigatiOll, a case was defined as a Pennsylvania resident with Iaboratory- confinned salmonellosis due to S. typhimurlllm and onset of symptoms between September 1 and November 30, 1995. . Case-patients Were inteMewed by telephone. In addition to the standard DOH enteric case interview (Appendix A) and complete food histories. patients were asked additional questions (Appendix B) about their consumption ofLcbanon bologna and other cold cuts in the three clays before the onset of their illness. . A case-conuol stUdy was conducted to test the hypothesis that cOlllUDlplion ofl.ebanon bologna was associated with the outbreak of salmonellosis. Cases were interviewed IS described p~~y. Controls.w;re solicited by telephone, using a systematic dia1ing method (by IeriaI addition to the last digrt of each case telephone number) This method of control selection ensured CDC00037 S.l)'phlllalrllllll .t. Lcbanoll bologna I 3 that cases and contrOls lived in the same general areas of Pennsylvania. ContrOl respondents wen: excluded if they reponed dianbea or vomitins in the prec:edins three days. CODD'OI respondenu were asIced if 11I'/ children less than 18 years of age 1ived in their household; the interviCWCl' asked about one child selected by the respoudem. or the respondent if there were no children available. Control respondents were asked whether they ate Lebanon bologna or other cold cutS in the ~ days before the interview, and whether they ever eat Lebanon bologna. Dau were analyzed usmg Epi.lnfo. version 6.02, CDE notified Stlte and Territorial Epidemiologists nationwide oftbe outbreak using the coe WONDER electrOnic mail system (Appendix C). We requested that they notify us of any patients outside pennsylVIIIia with S. typhJmurirmJ and a history of eating L~ bologna. and obtain any leftover Lebanon bologna for analysis. . The Enteries Branch. National Center for Infectious Diseases, COC, was notified and consuhed. The COC used CUSUM, an ""'F';IIIt:ntal computer progr1JD designed to detect increases in cases of enteric infections in routine surveillance data, to search for unexpected increases in S. typhJmurium in other stites. . The Epidemiology and Emergency Response Program. USDA, was notified and consulted. Investigation results were reported to the USDA as they became available. Laboratory Jnvrstigation In pennsyIvInia. clinical SalmonellD isolates are routinely identified and serogrouped by hospital and clinical laboratories. When performed. antibiotic susceptibility teJhng is completed by the identifying laboratory using 11I'/ of several different methodologies (primarily the AutoMicrobic system, Vitek Systems, Inc., Hazelwood, MO). Salmonella isolates are forwarded to the Bureau of Laboratories, where serogrouping is c:onfinned and serotyping is peri'onned, A representative, non-random sample of clinical isolates from c:ase-patients was forwarded from the Bureau ofLabomories to COC for confirmation of antibiotic susceptibility and for comparison using pulsed-field gel electrOphoresis (pFGE). Leftover Lebanon bologna from cases was forwarded to the Bureau ofLabomories. Fifty gnms of submitted product were ground, mixed with sterile buffer solu1ion, and c:uItured. Isolates were identified, serogrouped, and serotyped. One food isolate WI;S cuttured by the Erie County Health Department, PA at the Erie Testing Labomories and one was c:uItured by the Maryland State Laboratory, using similar methods. Product Salmonella isolates were forwarded to coe for confirmation ohntibiotic susceptibility and for PFGE, and to pennsylvania State University for assessment of acid to\enDCe and other special stUdies. After microbiological testing was completed. any remaining Lebanon bologna was foi'warded to the PDA for testing ofnitrate and nitrite levels. salt content, pH, aerobic plate countS, colifonn counts, and vitunin C levels. Samples sent by consumers direc:t1y to the PDA were similarly evaluated by the PDA. Some samples ofLebaIlOD bologna were retU11led direc:t1y to the Palmyra Bologna Company -- by persons reponing inness. These samples. as well as numerous samples obtained from J...ebIix,n . bologna still at the manufacturins plant or recalled ftom disuibutoJ'l, were submitted by the company to Siliker Laboratories, an independent COIIUII..,c;ar 1aboratory.1fan enzyme-linlced immunoasSay (ElA) direct antigen lICI'CCning test (SaImoneUa-Tek, Organon Tknn Corp.. CDC00038 5.l)'phllramu". a. Lcbanoo boloJIIII 4 Durham. NC) was positive. the result was confirmed by culture usina the lIDle stepl described above. EnvironmtnJDllrmstigatiOtl CDE epidemiologists visited the twO plant &cilities. The plant scnen! manapr conducted I complete tour which allowed direct observation of the onaoina production proceu. No environmental cultures or prodUCllIIIIPles were obtained by CDE. USDA investiptOI'l leplJ'ltcly conducted their own lite visit. RESULTS Epidemiologic InvutigatiOtl . As of January 6, 1996, 310 cases of S. l)71himurlwrr with onJetI between Seplcmber I and November 30, 1995 had becD reported to the statewide IUMiliIIIce system (Fisurc I). All additional 30 infections due to SDlmOMIIa scrosrouP B were reported, but serotypinS wU not completed. Case characteristics are summarized in Table 1, Cue-p"t~.. incIudina cue-pltientl who ate Lebanon boIogDI. resided throughout the state, a1thouih lIIOIt lived in lOuth ccn!ra1 and lOutheastern counties (Fisure 2). Food histories are lvailablefor 173 (56%) of the 310 cues. One hundred seven (62%) of the 173 reported conswnption ofLebmon bolop in the three days before illness onset. T\W:I1ty-sevcn (16%) ate other cold c:utJ but DO l,ebaQOn bolosna; no sinalc type of cold cut predominated. Amons per10ns who could recall whctber food was purchucd II I delicatessen coWJter or was pre-sliced and packed in I bubbl&-pack. 69 (9]'1.) of74 cue-pllients who ate Lebanon bologDI and 10 (83%) of 12 cue-patieall who ate other cold cub recalled purchase from a delicat,=,-- COlIIIter, Of30 cue-paticnll who recalled eatina I spoclfic brand of Lebanon bologna. 29 (9,./.) recalled I brand nwwJ'actured by the Palmyra Bolop Company (Table 2). Similuiy, four offoul' patients with SDlmOflllla seropoup B not further scrotyped recalled eating I brand manufactured by the Palmyra Balop CompIIl)'. When the We-conuolltUdy was completed on October 9, 26 CIICI and 27 controls had becft inlerviewed. Cue IUd contrOl chIJ'Ictc:riltics and UIIJDIlcbed odds ratiol are lhown in Tab&c \ . Although conuols had I hiper median age than cues, lb'Itified analysis of personIqed \csa IhM 20 years vtrsus 20 years or more sbowed no sisnificant dift'ercnce between Itn~ Sa1mondlotll was strongly usoc;ated with eating Lebanon bolop in the previOUl three days (odds ratIO ::0 <<l 95% confidellcc interval 4.0.130.7). There wu no significant dlf!'erence bdwcr.n cues' and contrOls' jlJ.:(gdlCO for l.eb-nna bologna consumption. No stiles other tbID PcImIytvaDia were able to link cuIture-coIIfir ulmoneUosis ~rth eating Lebinon bo\oaDL The Mary\aDd Depanmcnt ofHeahh, ~, reported I paticrl hospitalized with pstrocDteritiI whole IlOOI c:uhures were ....pti.-e, pollibly U I result 01 pr.- antibiotic therapy; the pGieat bad eII1CII Lebanon boIosna 0lIC day before oDtel and had 1d\000. . lebJmon bolop aVIi1abIe for t~l. North Carolina. Vqiaia.1IId New York each reponed one patient with symptOms CO"oiot~ with u1moneIIosis aft<< catiDa l.eb-lIOQ boIosna. bul · 10M between ~ufio&Jled saImoDeUosis and Lebanon bo&opa could DOt be dearly dar....~r... c..\J~'~ c.J...S E. - to.. elf 'Z-"",=\ 'to ow i ~~ ,.. _ _ r '\ \. "'~v ~\cJ"'ic'I'\t.S """J'-'~"\ ......'S.\~. 6J' I'\'S~\"E.c:. ~C),)..)l". ~~ M~\)_).J?A.:€ J ~~.~-v'~ :.\;..L'".," \"2.. ~ rlt'+ Y> ~.~ Q ... _ =t,~. 't -=l ~ (~,7 ( " ,.:) .. 0" ...' ~~: - "'-.: ~ '- '. -OJ./ ~ f \'3 Y) />\r: :l':: '~.".~ ~. .. r r- :,~\e...'1!.D~ ~\,-:~ \_ ,t- CI\ '" c c M S. typhJlIllUiwn It. LcbIlllOll bologna I 5 lAboratory /morstlgation Among CISCS of salmonellosis with onset durins the swdy period. the Bureau ofl.lboratories scrotyped 310 Group B Sa/montllD isolales u typhimurium. Thiny other 5erogroup B ilOlales reported to DOH were not available to be IUnher serotyped, Antibiotic susceptibility patterns for clinical isolates are summarized in Table 4. Thirty-six (40".4) of90 isolates with data available were simultaneously resistant to ampicillin. gentamicin. and trimethoprim-sulfamethoxazole. Eighteen clinical S. I)lphimurium isolates were forwarded to CDC; most test results are not yet available. Nine (35%) of26 samples of Lebanon bologna WCfI'! culture-positive for S. typhimurium, including the Lebanon bologna sample tested by the Muyland Dcpt. ofHea1th (Table 5). Seven (78%) of9 samples from case-patients were culture-positive. The nine product isolates were forwarded to CDC; most test results are not yet available. Two (29"10) of7 product isolates with data available were simultancously resistant to ampicillin, gentamicin. and trimethoprim-sulfamethoxazole. Of three paired stool and Lebanon bologna isolates with results available. all three showed matching antibiotic susceptibility patterns betWeen stool and food (Table 6). The results for the remaining pairs are pending. Although non-typhoidal Sa/montllD isolat~are usually HzS positive,>> 55 (18%) of310 patient isolates were negative for production ofHzS. Amons 107 patieut isolales from persoilS who ate Lebanon bologna, 39 (36%) were HJS negative. Six (67%) of9 S. typhimurium product isolates were also HzS negative (Table 5), Results of other product swdies perfonned by the POA are summarized in Table S:One of six samples tested for pH wu almost neutral (pH 7.25) and another sample's pH wu 4.86. The other four ranged from pH 4.34 to 4.59 (the preferred pH is <4.S). Ofseven product samples tested for the presence of colifonns. counts ranged from essentially none to >2400 organisms/gro. Test results are pending for S. I)lphimurium product isolates submitted to Pennsylvania State University. . Siliker Laboratories reponedly did not identifY any product samples positive for SalmOMllD using EIA plus confirmatory cultures, but written results are not yet available. EllvirollmenlallTMstigation COE investigators were told that cutter and canner grade beefis shipped in remgerated trucks from numerous independeut suppliers to the Palmyra Bologna Company's "coarse grinding" plant in Lebanon, PA. The suppliers provide beef in lots ranging from 2,720 to 27,200 kg. (6,000 to 60.000 Ibs.) at a time. The beef is often salted before arrival at the plant. Upon arrival. the beefis coarsely ground and mixed with salt. nitrates, sugar. spices, and, when used, starter culture, The amount of added sugar detennines whether the product becomes "regular" or "sweet" Lebanon bologna. The meat mixture is then aged 11 temperatures <4 DC (40DF) in large plastic bins. A1. the time of the outbreak the company produced much of its Lebanon bologna without adding any staner culture. In this "traditional" method. the existing bacterial flora of the meat wu expected to produce a pH adequate for pathogen control during aging (for 14-16 days) and subsequent fennentation of the meat mixture. For a smaller amount ofproc1uct. COu.....,.... starter culture wu added and a shonened aging period of2-4 days wu used. The decision to IIIe IWteI' culture depended on which brand ofLeban01' bologna was being produced. The Seltzer's ~ IIDOlIII CDC00040 S. typhllrllUilllll.t. Lcbanoa bolop/6 others. did not contain starter culture. The exact duration of asing wu apparently IUbjcctively determined, After aging. the meal mixture is trIDSJlOned by rd'rigemed uuclc to the "finishinS" plant in Palmyra, PA. where it is finely JI'llund and mechanically ltUffed into synthetic cellulose cuinp. A temporary outer "sock" is added to faciliWe hansinI in the smokehouses. All product is smoked in wood-burning smokehouses for ]-5 days at temperatura ~3.C (IIO.F). Not all the smokehouses had thennometers consistently in use at the time of the SalmOllllla outbrealc. and the duration of smoking was subjectively determined. Fermentation occurs primarily during the smoking process.' This is the only time the meal is healed. After removal from the IlIlOke-houses, the product is llWIUIlIy wiped with I towel to remove awfaco smoke paniculates. Some product is sent to I separate room to be automatically thin-s1iced and paclcapd in n:taiI bubble-packs. Finally; product is packed in cardbc?ard boxes and sent to distribut011. The manufactUJ'e of Lebanon bologna hu been described in pter detail elsewhere.' The Palmyra Bologna' Company reponed that iu p\anU are deaned at the end of each working day, induding I partial d;posernbly and deanina of the lIIJe pindlDa and stuffing machinery. During production, no deaning is perfunned between diffemu lOll of meat nor between different production processes (i.e.. between meal with and without 1Wtel' culture). COE investiptors were told that the plant is inspe.;ted every workinS day by I USOA inspector, The inspector is on "roving patrol" and daily inspects u many u Iix different manuf'ICtUMa facilities. Thus, the inspector clnnot be present throughout the day at anyone plant, Three COE investiptors visited the twO production facilities but did not identify .ny manufacturing steps that seemed likely to introduce S. typhImurlum in quantities sufficient to cause an outbreak of the magnitude observed. The company reponed that no problems or changes in the standard production procedure occurred before or during the outbreak period. nor were there recent changes in suppliers of the raw ingredienu nor use of visibly decomposed or adulterated raw ingredientS. COE investigators noted during I visit on October 30 that a shipment offrozen Australian beefwas in the raw meat supply lwai1inS processing. Only one worker reported I "flu-like" illness at the beginning of the outbreak period. He worked in the smoke- houses, loading and unloading sausase. Microbiological testing of tile incoming raw beef and the oUlgoing product was not perfonncd at the time of the outbreak. Records were not maintained to identifY which supplier's meat produced which lot of outgoing product. No lot nwnbers were recorded to allow trackins of specific bitches of produCt. Although sell-by dates were printed on the final product, these dates could not identify individual loti or production dales, It was estimated that product sold in September and early October was produced from meal brought into the plant in August. A sul1UlllJ)' of the USDA's investigltion is pending. CDC00041 S. I)'p'IIIlflmlllll It. LebaIlOll bologna I 7 INTERVENTION On October 10, 1995, the DOH issued a public health alert to residenu of pennsylvania via a press release (Appendix D; additional brand names. Appendix E). The alert warned col\lUl1lel1 not to eat Lebanon bologna bearing any of the brand names manufactured by the Palmyra Bologna Company and purchased during September 1995. This action was bued on the overall increase in S. ryphimurium cases in Pennsylvania. the results of the cue-comrol stUdy demonstrating an association between salmonellosis and eating Lebanon bologna. and a preliminary report of a positive Salmonllla culture from Lebanon bologna purchased in Bucks County, PA. These data were reported to the USDA. On October II, the USDA recommended a volunwy recall of all Lebanon bologna bearing any of the brand names manufactured by the Palmyra Bologna Company and a sell-by date betWeen November 28, 1995 and Fe!mwy 6, 1996 (Appendix F). BCf"""'" neither lot numbcB. production dates. nor detailed distribution records were available for the finished product. a national recall was recommended instead of a more limited stale or local recall. An estimated 250,000 kg. (550,000 Ibs.) of Lebanon bologna were recalled for destrUction. All Lebanon bologna remaining at the plant. including product sriIl being manufactured. wu voluntarily withheld from distribution until a slice of each sausage was tested by Siliker Laboratories and was negative for S. t)'phimurium using the EIA .... eening test (with confirmatory culture if positive by ElA). No positive cultures were reported. On the weekend of October 13, the Palmyra Bologna Company cleaned and disinfected the two manufactUring plants. According to the company, by October 23 all Lebanon bologna was made with starter culture either added directly to the production meat mixtUre. or added in the fonn of an "inoculwn" (beef plus starter culture aged 2-7 clays and then added to the production meat mixture). The company also began routinely testing for Salmonllla in all incoming beef and finished product. DISCUSSION Salmonellosis is common in Pennsylvania. with approximately 2000 cases reported annually. Until 1986, ryphimllrium was the most commonly reported serotype of Salmonella, and bu been second only to Inllritidis since then. Because t)'phimurium is such a frequently isolated serotype, relatively large numbers of cases need to occur before an outbreak such u ours can be recognized.:1 Once the outbreak was recognized. interviews identified Lebanon bologna u a food eaten in common by many Buc1cs County and South Central District cases. A cue contrOlltUdy and positive cultures.offood samples then confinned the source of the outbreak. The linIt with Lebanon bologna was further demonstrated when paired isolates ftom cases and their leftover Lebanon bologna showed matching antibiotic susceptibility patterns. _. Some patient and Lebanon bologna S, t)'plllmurium isolates exhibited IinwItancous reIiaance .. to ampicillin. gentamicin. and trimethoprim-sulfamethoxazo\e. 1..cJnsitudinal data on SaltttoMIJa susceptibilities in Pennsylvania are not available. bee."'" neither the Bureau of Laboratories nor many clinical or hospital laboratories routinely conduct antibiotic tesUDs for all Salntone!1D isolates. However, CDC identified this three-drug pattern in only 8 (1.1.) of630 c1inica1 isolates studied nationwide in the previous year (Fred Angulo, MD. personal c:omnuiicarlon. 1995). Most CDC00042 S. ryphl/,amll'" .t LebIllOll bologna /8 salmonellosis docs not require antibiotic therapy. but when it is ~"'Y cliniciw should be aware oflocal resiJWICC trends. Lebanon bologna is . specialty food item with palest distribution in south c:entral and so\lthelStCl'll pennsylvania. It is quite popular in that area. and two-thirds of control subjects had ever eaten LebanOn bologna. Distribution of Lebanon bologna is limited in other partS of pennsylvania and the rest of the United StateS. and few suspected cases were reponed by other states despite nationwide notification and press coverage, It is possible that there were too few cases e1sewhere to be 1inked to our outbreak by existing surveillance systems. It is also possible that the distnDution of c:ontaminated product was primarilY to the area in which the outbreak was detected. - In addition to the 6~'" of interviewed case-patientS who ate Lebanon bologna. 16~. ate a variety of other cold cutS, many of which were purchased from delicatessen COUIIlers. We suggest that 'cross-contllDination of other cold cutS may have oc;c:umd when conwninated Lebanon bologna was sliced earlier using the same delicatessen implementS. Cftlss-c:onwninarion associated with mechanical slicers bas been previously desc:ribed.21 Limitations of our iJMstipnon include possible biases in the c:ue-c;ontrOlltlldy. Bc:cause of the geographic: distribution of popularitY of the suspected food. contrOls were chosen from the same regions IS cases. Ascen&inmeDt bias may have oc;c:umd bc:caUse case exposure histories were obtained during in-depth reviewS of all foods esten, whereaS contrOl data were obtained during brief telephone calls. However. our finding that illnesS was associ.ted with eating Lebanon bologna in the previous three days (before case illness onset or before the contrOl interview) but was not associated with having ever eaten Lebanon bologna suggests that dift'erential recall was nct a major problem. Wbi1e'SOmc incuI'ation periods may have been longer than three days, our case-contrtll srudy results would not change if a seven-daY period were used. Another potential limitation of our inveStigation was a failure to culture S. typhimurium from Lebanon bologna that was previously unsliced or unopened. We believe this probably reflects intermittent contamination or pathogen survival. We were successiU1 in isolating S. typhimurium from Lebanon bologna nine times bee-..... our et1'ons were focused on food (n~"ri1y already sliced or opened) obtained from m persons. rather than from a random sample of. large volume (250,000 kg. [550,000 Ibs.)) ofrecal1ed product. . Nine Lebanon bologna samples were culture-positive for S. typhimurium, and no other enteric pathogens were isol.ated fnnn the SaLmonella-positive samples. The culture-positive Lebanon bologna was purciwed from eight diffg...4 stores in Pennsytvania and Maryland. lfthe culture- positive LeblJll'l1 bologna bad been contaminated at the place ofpun:hase or in the consumers' homes. one might expect inst"tI to find more than one type of pathogen. Thus. these data suppon the bypotbesis that the cause of this outbreak was Leha1lll1l bologna containins S. typhimurium bd'ore it left the manufacturins plant. How, when and where the actUal c;onwnination occwred remains unkDown. No employees .. were reponed ill with ...lmoneUosis or an uncIia(pIosed ~ illness before or during the outbreak period. althouSh one employee had a "flu-like" illness. ConIidcrinI the ovenD manufacturinB process. including "die machinerY involved and the limited ....no..I coldlct with the product (primarily in the smokebouscs and final packaging Slept). it would be difticuh for 1ft individual ill employee to cause an outbreak of this mqnitude. Furtbennore. the company reponed no recent problems or et>""VC that could have .....v.d the outbreak. CDCODDU , S. rypltilmlnllm &. Lebanon bologna 19 The mostly likely source of SDlmonella conwnination was the raw beef' used to make the Lebanon bologna. Salmonella, including serotype typhimurium, is very commonly found in cattle intemal organsD and in 11 least 1% ofrawbeefcarcasses.J' Thus. it is expected that the raw beef supplied to the plant was conuminlted to some degree with S. typhimurium. Unless microbiological testing were peri'ormed. S. typhlmurium would not be detected before processing. Other ingredientS included c:ommercia1ly available spices. salt. sugar. nitrate, and. when used. staner culture. If any ingredients other than the meat were conwninated with S. typhimuri/lm. outbreaks associated witb other users of those ingredients might have occurred. No such outbreaks were identified. The process used to make uncooked fermented meats such as Lebanon bologna is generally thought to eliminate pathogens during production and prevent their survival in the finished sausage. However. previous salmonellosis outbreaks, including some clue to S. typhimurium, have been associated with uncooked fermented .."..ges11J.1' and related meat products. I"" Furthermore. Sa/monellD has been shown to suMve in artificially inoculated fermented sausages in the 1ab0ratory.4,' Twenty years ISo, Smith ct.aL described the survival of S. dublin and S. ryphimurium in finished Lebanon bologna following laboratory contamination of the raw ingredients.' They and other investigators reconunended heating the sausase to temperatures adequate to reduce or eliminate Salmonella. or the consistent use of starter culture to ensure adequate acidity and thus SalmontlJD reduction. ~ However, an acid-tolerant strain of S. duhlm was found to survive in artificially inoculated Lebanon bologna after 24 days of storage.' .other aspects of Lebanon bologna production are not by themselves adequate to make the product safe to eat. Smoking contributes to reduction of Salmonella but may not adequately penetrate the entire sausage.' and nitrates and salt are also by themselves not adequate for pathogen control .. If a shipment of raw meat contaminated with S. ryphimurium were processed without the ute of starter culture, as was often the case at the Palmyra Bologna Company. the published Iilerature implies that viable S. typhimurium could be present in the finished product. It has been suggcszed that use of raw meat containing few or no pathogens is crucial if starter culture is not delibemeh added to the sausage.:U Previous studies also imply that high counts of Salmonella in the raw ingredients, or perhaps lesser countS of acid-tolerant SalmontllD strains. might result in an unsafe final product despite the use of starter culture. Pathogen survival in finished product would , presumably be enhanced by a less acid pH, as was found in some product samples stUdied In IhI, outbreak.:t6 Finally. we note that in wann weather meat temperatures inay be more difficult to control during tranSpOrt fi'om ablltoirs to the manufacturing plant. increasing the likelihood IhIiI significant amOlllltl of Salmonella in the meat might enter the manufacturing process. CDC00044 S. 'YPItJ/lDlri"'" a: Lebanon bolop 110 CONCLUSION At least 107 cues of S. typhlmurl/llll usociltcd with consumption ofLebmon bologna were reponed in peansyIvInia between September 4 and November 3, 1995. Cases occurred primarily in south centrIl and southeastern pennsylvania. Patient interviews and food cultures implicated Lehmon bologna nwie by the Palmyra Bologna Company, Control measures included a statewide public health alert. a volunWy natiolll1 recall of potentially contaminated Lebmon bologna. and lllIJIuflCturing plant disinfection. We suggest that the most likely causes of the outbreak were use of S. ,>phlmurium-contaminatcd shipment(s) of raw meat IIId fiilure of the production process to eliminlte the pathogens. RECOMMENDATIONS CDE recommendations are pending until receipt ofthe USDA's official repon. CDCOOOolS . 5. 'YPhll",muIfI &. LcbIllOll bolDgJI& III REFERENCES 1. Salmonellas in p"~ges [editorial]. Br Med J 1975;4:669. 2. Barrell RA. Isolations of salmonellas from humanS and foods in the Manchester area: 1981- 1985. Epidemiol Infect 1987;98:277-284.. 3. Deibel RH. Niven CF, Walson GO. Microbiology ofmest curing: m. Some microbiological and related technologica1aspects in the manufacture of fermented sa"sases, Appl Microbiol 1961;9:156-161. 4. Goepfert 1M. Chung KC. Behavior of Salmonella during the rrwwf'acture and 5lorase of a fennented sausage product. J Milk Food TechnoI1970;33:185-191. 5. Smith JL. Palumbo SA. Microbiology of Lebanon bologna. Appl MicrobioI1973;26:489-496. 6. Palumbo SA, Smith JL. Ackerman SA. Lebanon bologna: I. Manufacture and processing. J Milk Food TechnoI1973;36:497-503, 7. Smith JL. Palumbo SA, Kissinger JC. Huhtanen CN. Survival of Salmonella dublin and Salmonella typhirrrurium in Lebanon bologna. J Milk Food TechnoI1975;38;150-154. 8. Smith JL. Huhtanen CN. Kissinger JC, Palumbo SA. survival of Salmonellae during pepperoni J1\Il\llfaClUre, Appl MicrobioI1975;30:759-763. 9. GenigeorgisCA. Quality control forfennented meatS. JAVMA 1976;169:1220-1228. " 10. Brewing a sausage [editorial]. LancelI990;336: 1 546-1 547. 11. Vignolo GM. Suriani F. Pesce de Ruiz Holgado A, Oliver G. Antibacterial activity of Lar!;;,baci//us strains isolaled from dry fermented ,a"uges, J Appl Bacterioll993;75:344- 349. 12. Marazza V. Crespi A. [Observations on the survival of Salmonella choltrasuis in naturally cured sausage.] ArIi Sac Ita! Sci Vet 1963; 17:537-542. 13. Taplin J. Salmonella newport outbreak-Victoria. Communicable Disease Intelligence 1982; 1 :3-6. 14. van Netten P, LeenaertsJ. Heikant GM. Mosse! DA. [A small outbreak of salmonellosis caused by Bologna llUSlSe.] Tijdschr Diergeneeskd 1986;111:1271-5. 15. U1utan F. Su\tIJI N. Dawtoglu E. Usta D. [Outbreak offood poisoning el"'..... by Salmone//a ryphirrrurium.] Mikrobiyol BulI988;22:95-100. 16. Cowden 1M. O'Mahoney M. Bartlett LR. tl aI. A national outbreak of Salmone11a ryphimurium DT124 (;tI"..... by contaminated salami sticlcs. Epidemiollnfect 1989;103: 219- 225. 17. Centers for Disease Control and Prevention. Outbreak of salmonellosis associated with beef jerky-New Mexico, 1995. MMWR 1995;44:785-788. 18" Mete R. Fichera R. Chien:hini P. [Episodes of food poisoning (;till..... by Salmonella C2 tralISIIIitted via prosciutto.] Nuovi Ann Is MicrobioI1987;38:219-224. 19. Centers for Disease Control. Salmonellosis associ.ted with ClIl1Ie IeC&-New Mexico. MMWIlI985;34:64S-646. 20. Aksoyan N, Berkman E. Mercansoz F. Saganak I. [5. typhitmrrium strains wbich are H~S negative in TSI medillm.) Milcrobiyol BulI981;15:4S-48. - CDC00046 . , S. ryphllfDIriu/II .t LebanOn bolosna I 13 Table 1. Characteristics of case-patients Cihsraetllristlc N 1%'. Total 310 (100) Female 160 (52) Age In years sa (29) s4 5-19 T7 (25) 20-44 83 (27) 2:45 61 (20) Hospitalized 64 (21) Died 0 (0) Residence In southeast or southcentral PA (21 counties) 213 (69) Three-day food history available 173 (44) 'Ate LebanOn bologna 107 (62)t Ate aIher cold c:utsS 27 (16)t Ate nflIther 39 (l13,t · Perce, Its may not tota11oo due to rounding, t Percents ba&ed on the 173 case-patients with food histories available. S No single type of cold cut predominated. CDC00048 " 5.IypIti/fIIUIllm & LcbIllOll bolopa 114 Table 2. Lebanon bologna brands rscalled by case-patients" and by patients with s,'mon.lI. serogroup B not further serotyped Case- Patients with serogroup B Dat~~s* not further serotvced Total Brand of Lebanon OOloona N (%\ N (Of.\ N \t Total recalllng a specific brand 30 (100) 4 (100) 34 (100) Manufactured by Palmyra Bologna Co. SeltZer's 26 (87) 3 (75) 29 (85) EckrIdge 0 (0) 1 (25) 1 (3) Bomberger 1 (3) 0 (0) 1 (3) Hansel & Gretel 1 (3) 0 (0) 1 (3) Weis 1 (3) 0 (0) 1 (3) Not manufactured by Palmyra Bologna Co. Kunzler 1 (3) 0 (P\ , (31- · Patients with S, typhlmurlum In Pennsy\Vania with onset Sept.-Nov, 1995 tPercents may not total 100 due to rounding. CDC00049 S. rypItl/lrllTlll'" &. Lcbanoa bologna /15 Table 3. Summary of case-control atudy Cue!!l Controls Odds Ratio (95-/0 CIL N (%\ N '''0\ Total 26 (100) 27 (100) Age In reSTS 19 48 Median Range 1-57 4-76 Female 13 (50) 17 (63) Ate LB In previous 3 days. 18 (72) t 3 (11) 20.6 (4.0-130.7) Ate any coldcuts (Including LB) (37) 20.4 (3.5 -200.6) in previous 24 (92) 10 3 dayS"' Ever ate LB 21 (81\ 18 (67\ 2.1 (0.5 - 9.4\ . For cases, In the 3 days before Illness onset: for controls, In the 3 days before interview. t Of 25 ca..: One patient Interviewed could not specifically recall whether he' ate Lebanon bologna In the 3 days before illness onset. although he did eat coldcuts In that period. LB = Lebanon bologna; CI = confidence interval, CDCOOOSO . . S. I)'phl/llll""'" 4. l.cbanon bologna I 16 Table 4. Selected antibiotic susceptibility results for clinical Sa/mone"a typhlmurlum Isolates with data available ~ntibiotlc No. tested No resistant 1%\ Ampicillin 94 74 (79) TMp.SMX 91 39 (43) Amlnoglyr;osides Gentamicin 91 . 37 (41) Tobramycln 62 21 (34) Amlkacln 22 0 (0) Ampicillin + TMP.SMX + Gentamicin 90 36 (40\ TMp.SMX = Trimethoprim-suUametholCazole (Bactrim) CDC00051 S. tyj."..mJnum &. Lebanon bologna 119 0 C CD C iii .~ CD a: - .. EG) - il -Gl CD Olll> .9ii - III _CG) 0 7Ii 'gglll Q.C III GlIll 9- !!l:g~ - - - . . 'Iii ::J E iii G) > m a: - C 'C1lI1lI .5 II.!!! ;:, 0 Gl .0 uQ.U 2' 1: E ..1II1l1 >GlIII ;:, 1 !!!s'g U-::J '6 Illti)- oS Gl'i'lii .::: Q. C .c ~0G) Gla;c 8- .c := Gl.c- --.- Q. m rnm m mm m m rn ~ 8_11I 110= Gl call1.Y .. ~ G) 1lI5~ III :is ..xx 31!.S!'s! iililo III .!! ;::I ~ m a: a: m rnm m m rn .!, III >0 III I-_E - G)D" .:-:.=a:I CD BE ~'g~ E iilll Gl c: .!!!S EII~ - 0 .2 'Iii- () E m a: m rn m rn m jlll :E!.!S . Ux- ~lil<; 0 - liB 'iZliG) () ~ .....- x oiii.2~ G)= 0 - EiS. -::JE Ill' 'a m a: a: a: a: a: a: ~~ 0(/)< i lllfil>.!!! III c.. . CD 0111I Qj_C.c 'Iii - _Ill- )( = G)'-' Co) C'C >IlIEC 0= C ~ Gl CD -Ill Glu - .c8,0 - - m a: a: a: a: a: a: ~.c cccDC ii ~Ill 2' CD i~ O=Q.~ ~ E_ C III U 0 Ill~~ ! .. !a; gl5~i ::::11<<1)- 0 m a: a: a: a: a: a: a: a: a: ~ ~~ ~ II - "Q. .oU-x- it 8..... . G) 0 III ';:::-...c E<~u III C II.!! CI)'Q;S! i5.i:jC:! II .. m (I) m (I) (I) (I) (I) :5~ - Q)--as . CD >.9! G)_ 0.-= i ~ ..= .cUG) - o III llIi-::J -lIlu - J: ~D ClI -> Gl III CL G)1ll >E'iii- E.s.! c ::J ~ m m(l) (I) (1)(1) m m rn :Dill -x 'i5. o~>~ .:::'- W >0- 1lI- 1I;g~c 2 - -G) ~E III III - 'iii- _Ill ... '= . - > III Q.-G)- - C .. I - looD U J:l m a: a: a: a: a: a: a: a: 1lI- >0 III ~ llooi K. - >~ D .~~ - Eli - III 'C:!!Oi CL 'C!I:E- 1-"5i!1I ~ G)..... Gl CD Gl =_IlID .:.:ii1-. Co) m a: a: m (l)m (I) (I) m C E.-. c.c-... 8Z~- i III G~i C,llIll1Gl = ::J-'C.c 'c: c ~ 5 III 01.5 U)CI)CD- III 1lI71iuO ~u.&. 0 -CIll -cue" ~ Co) (I) a: a: a: a: a: a: E-- Ill" 0 c,~ ~E - Ill'2D "C.,..:..5 en . - "8.0 E,S! iC 0 .(/) III C Ill_ a - .B'1Il; 1I.....7Ii-c -0 - J:l . . ot- ot- :CGlG)~ ~ail c: :;: -I - - - - . ! :E!G)~ 1lI- .. f II Cl C C C 'iCIIl _D'y UU.a C I I I CI)-_O c I- I- 8G) :E 2-:S iiI II " " 15 .. "0_ 0 .. .DJ 'J i! Oi::J -:~;:-a. o ~i .! z := co 8 ~~ ! i i . +-G ~iilli8 :E - C - CD .5~ UUll:_ 0 - ..lQ. ..l ..l J:l CD I- CDC00054 S. ryphllmJnum &. Lebanon bologna 1 20 at . ~ c Il: 0 - tl: .. - InCL R aJE 0)= ~ all .. "'"Ill ~ Il ! "c . Glo C " Il E J:lu 8' .! - E_ o: tl i ;:, -a Gl= - U 0 >u 0 0 Zl Z O-a J:l -a 0 Ol c - - z- 0 ." .0 0 U .. 8 . "u c .. CD c. ~ :; - I Gl . CD I J:l-a J:l :; - t EC CD CD - Gl. .... 0 z :E Z -. It CLc . Iil!I Z i' Gl." ;..... mo 8Z - a .0 .!J:l sz Cc ~....- .0 a; ~c ll: >-. -In 1llJ:l . //J//"'~L~ ... cGl c- ~i c.... .,,- Glc .2~ -Sl a.o 0.. &l 8- . J:l_ e. . u =- CCll _ClI OC IS ..-a cO =-a .i L ec J:lc S -. .3 oC_ t ~CD l _Ill .c er; _0 a - CD- cO S'l; o III 1% es -. u; ~c ... III J 0 "'" Lle CD Sl .I .. = tl ! ." .%rtfr - I&. ,/,/,/,/,/,/,/ /1" CDCOOO55 -S .....,..~- C -_..... l I'ft .... 0 ell III .... III 1ft .. I'J N - 0 . .... .... .... .. s. ~ 'II/num ol L .....nnn bolognJ 1 21 . Figure 2. S./monell. typhlmurlum, Pennsylvania, September-November 1995: County of residence and data on Lebanon bologna and cold cut consumption CountY CUMBERLAND PHILADELPHIA DAUPHIN LEBANON BUCKS YORK DELAWARE PERRV LANCASTER NORTHUMBERLAND BERKS ALLEGHENV MONTGOMERV WESTMORELAND ERIE BEAVER MERCER ."" FAVETTE ADAMS WASHINGTON L VCOMING FRANKLIN CHESTER UNION MONTOUR MIFFLIN INDIANA CRAWFORD BUTlER ARMSTRONG VENANGO TIOGA SUSQUEHANNA . SULLNAN SNVDER MONROE GREENE CAMBRIA SCHUVLKlU' POlTER MCKEAN LUZERNE JEFFERSON FULTON COLUMBIA CLINTON CLARION BRADFORD BEDFORD o 5 . LAblnon bolognl a Othw cold cut. ~ Nelthw 0 Mlalng food hlltory 10 15 20 25 30 35 40 45 50 e... CDC00056 L".r. kn"""'" t'!JlII~1I "yo n~hll!'I" ~-m R~I:: HP'"'1!i V'll'OSm s.r: vhi.f'!h nB..- 'IIInUIII &. \..cbInOlI bolopiA 1 23 '''~ VA." ,.~~H~d.....:... . plll.'l't! IlXl'osm zwm I.ifl~ ..ny i11nfl!llIll ~n ~1IWII..r\illtfl! f..",i1v IhnllR",hOld m",mh..r!l\ ",i~",;n n"t!I~ '0 t\IIlVB~ ~~~!I l.r T't'~,,~m~nt~ ~...m..~\cR m~"Rtt't'@R. ~t.~.~ r",allrr\;n~ eon~rnl ~nmmp-nts l- Date COlIIPleted: Name: Phone#: CDC00058 S. ~II'lJInUm .t. Leblllon bologna 1 26 I. APPENDIX 0 FOR IMMEDIATE pll'T."a,sB Cf:. -..dL'rB OP PBHNSYLV10NU nepartmeDtof Bealth 0... -n,wealth Ne- Bureau Room 30B, Capitol Harrisburg, PA 17120 ulluACr: Bruce Reimer BOD Fisher (7171 787-1783 RBMB RBLBASB STATE RRM,'l'H DBP~ 1DRRS OP gaT-.f... oOTBREAJt State Health Secretary Peter J. HARRISBURG (Oct. 10) Jannetta today advised of a Salmonella outbreak caused by eating certain brands of Lebanon bologna. Jannetta said that routine surveillance by the Department identified more than 50 cases of salmonellosis in the Department's 12-county south central district last month, whereas there were only 26 cases in September 1994. An increase in salmonellosis also was noted by the Bucks county Health Department. Analysis of 26 c:ases of salmonellosis in those counties strongly suggested a link to the bologna products. Jannetta said that Lebanon bologna. prepared at the Palmyra plant of the Palmyra Bologna Co., appears to be the common source of the outbreak. The bologna is sold under a variety of brand names including Seltzer'S, ~, Medford, Peter Eckridge, ~el and Gretel and. swift. The bologna is also sold through deli counters at area supermarkets and grocery stores. CDC00061 t - S ~"'runum.t LcbIllOll bologna 127 Page 2. . . SALMoNELLA Otn'BREAJt The Health Department is adviaing people who purchased any of the products in pennsylvania during September not to consume them. officials from the United States Department of Agriculture (USDA). which is considering recommending whether or not the company should recall the product. visited the plant today to gather a list of distributors and retailers. The investigation of the outbreak by the USDA and the state Health Department is continuing. symptoms from salmonellosis include sudden onset of abdominal pain. diarrhea. nausea, vomiting and fever. Persons with severe illness should consult their physician. Symptoms usually begin 12 to 36 hours after eating contaminated food and last several days. III persons who work as food handlers or in dayc:are centers or patient care facilities can inadvertently transmit the disease to others, and so should not work while ill. Jannetta said. #U 1995 CDC00062 s. '/lmmU/II &. LcbIllOO bologna 129 APPENDIX F .--- f -II . ..... -- ~II ~ "J ,."",. -, . . A ,.... ... r.bJ!4_ J ~ ",c. .JOUO a.l.... No. 0717.9~ St.ph.n Lo.bard~ (202) 720-911J J.rry a.ddlnl (202) 720-i"9~9 fltnlSY1.VA!CIA rnK UCAUI lZIAllO" I01.DG1l4 llA'fIOKV1DI VASKINGTON, Oct. 11. 1995--Th. .al.yra lololna Co., a Palmyra. Pa., food proc...lnl firm. la voluntarily r.calllnl about SSO.OOO lba. of Labanon lololna thae ..y b. contamlnat.d vlth S.lmon.ll. bact.rl.. tho U.S. D.parea.nt of Alriculeur. announc.d todAy. Tha Labanon 1010lna val dlstribut.d co r.tal1 food .eoras nationwld.. Tha co.p.ny la r.callina all r.eai1 packal.a of Labanon lololna p.cka..d und.r eh. fol10vlnl brand nom.a and si...: Svift. Eckrlch. Krol.r. ~rlca'. Cholc.. and Sup.r-G brand. in the 6-0&. al..: lo~.rl.r brand ln the '.0.. and 16-0&. .1...: and Sele.er brand ln ehe "0&., '-0&.. 12'0&.. and 1.1b. elaee. Tho r.callod rocall pack.lo. vlll h.v. ..eabll.hment nuab.r "EST. .74" lnald. the USDA lnsp.celon .aal on the 1abal and a sell-by dAt. b.cvaon Nev. 28 and Fob. 6. Alao b.lnl r.c.ll.d 1. Labanon lololna undlr the S.lt..r. loaborllr. Svifc, reeor Eckrich, Kahn. H.no.l .nd Gret.l. and Kodford 1.b.1. .014 ln b~lk .i... for .11clnl ln dA11cat....n.. ND ochor prod~cco ~nd.r chao. br.nd n.... are .ff.ct.d by tho r.c.ll L.banon lolol"a 1. . .pecl.lty Lt... a s..l-dry f.rmenc.d s.~..I. d~ff.ronc fro. Dor. CODDon bololna. whlch i. f~lly cook.d. MY. ~rle conauserl vho have p~rchas.d ch. .~ap.cC prod~c c. r.cwrft If to tho plac. of p~rchal.," s.ld Klcha.l 1. Taylor, USDA actlna un4ar .acr.t.r, !or food safley. USDA l..rn.d of tho probl.m .ft.r tho Co..onvaalth of '.nn.,l.aftla'. Oopartment of H.alth rlported a Sept.~er outbr.ak of lllne.. a..ecL.c.. .,oft Salmonell. In louth c.ntr.l r.nnaylv.nl. llnk.d to the cDnlu.ptloD .f ~.~.ft lololna prod~.d at tho flrm'. plant ln pal.yra. The '.nn.ylvanla Me.~~ft O.part.ent l..uod a publlc h.alth advlaory on Oct. 10. Conlusptlon of food cont..ln.cod wlth S.l.on.ll. baet.rla CeA c~.. lalmonello.l., a potent Lally a.rloua dll.a... 1ho.e wlth w.ak.no' ~..... .ysteml--lnfantl, younl chlldr.n. the .14orly. and tho chronlcall, \l~ ... .a.lly 1~lc.ptlble, but Anyon. can be arf.ct.d. symptoaa of salaonolloal. lncl~. tho .~.n on..t of f1u-llke I~'~.I I~ch a. .toaach p.lna, dlarrh.a. naus... chlll., f...r. .nd h.l~ CDC00064 ., at 8l: ~ C 9Z '" 0 I - tZ IlO ..- t ... In~ 1 zz ... aJE < ~:s ~ oz .. !C -Ill ! In. .z .s Cl lit C .-'- .. ~ El J:l0 C !! - I~ E ~ E~ 1:1 ,: t - !C 0 :s 1 t~ cri Cl CD:S - U n 0 .8 ... "" >u Z So ::> -a O-a C - - O~ I z- 8 1:1 8 , .0 0 li C - "u C .. 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" . -.., 1"\o.;:.~'..:~' .;....... I' . :1........:..".: ...... ....;~ '.' ;%tt;}, ~ ,.. -" .1:J:.:7.':~: ~~~f+ '~~ir:.;'.' l:.~';: . ~ ;~:~~;~.. "f.~ ;,;.~ ,..... , '. GOO D MAN U PAC T U R I N CO P RAe TIC E S Voluntary Guidelines for the production of Fermented and Acidulated Heat product. It is the ultimate goal of the.e guidelines to provide a broad understanding of critic:al control points during the manufacture of fermented and acidulated meats product.. TheBe Good Manufacturing practices are recommended for voluntary ac:eeptance without infringing on any firm's right to manufacture its own unique. high qUl'lity productS according to special and traditional formulae aud recipes. PRODUCTS Dry sausages are chopped or ground meat products that. as a result of bacterial action or direct addition of organic acids, reach a pH of ~. 3 or lell and are then dried to remove 25 to SO percent of the moisture. relulting in a moisture/protein ratio c:omplying with Federal Meat and poultry Inspection requirements. Semi-dry sausages are chopped or ground meat products that. as a result of bacterial action or direct addition of ,organic: acids. reach a pH of 5.3 or les" undergo up to 15 perc:ent moisture removal during the proces.. and have moisture/protein ratioS in compliance with Federal Meat and poultry Inspection requirements. Some semi-dry sausages receive a pasteurization process following the fermentation period and are shelf stable. Since the pH has been lowered during the preceding fermentation period, the degree-hour concept applies only to the tima required to reach pH 5.3. 1"SIS policy He1lIO 056 (1/12/831 requires that these shelf stable productS reacn a final pH of 5.0 or less and have a moisture protein ratio of 3.1/1.0 or less. CRITICAL CONTROL POINTS 1. pH CONTROL Fermented and acidulated .aulages .hall attain a pH of 5.3 or lower through the action of lactic acid forming bacteria or by direct acidulation wi thin the time frame defined in Part II of this COMP. It is important to reach pH 5.3 to control the growth of staphylococci. -3. II. TlKE.TEMPERATURE CONTROL FOR FERMENTATION AND DIRECT ACIDULATION A. Degree-Hour Control (See Def~nitions) " process is acceptable when it controls the growth of staphylococci in the product and consistently reaches a pH of 5.3 or lesl using the following c:riteria: 1. fewer than 1200 degree-hours when the highest oven temperature is less than 90. F. 2. fewer than 1000 degree-hours when the oven temperature is between 90. and 100. F. 3. fewer than 900 degree-hours. when the oven temperature is greater than 100. F. B. Constant Temperature Processes The time-temperature relationships for constant temperature processes are ~s follows: Degree-Hours OVen Temperature MaxilllUll\ Hours Above 60. F. Deqrees F. to pH 5.3 1200 7S BO 1200 BO 60 1200 B5 4B 1000 90 33 1000 95 28 1000 100 25 900 105 20 900 110 18 EXAMPLES OF CONSTANT TEMPERATURE PROCESSES Process A: Constant 80. F. temperature for 55 hour. with a pH decline to 5.3 Hours: 80 - 60 - 20 55 Degrees: Degree-Hours: (20) x (55) · 1100 degree-hours Proce.. A passe. the guideline (Limit: 1200 degree-hours) -4- process !: Con.tant 90. F. for 40 hOuri with a pH decline to 5.3 negrees: 90 - 60 . 30 Hours: 40 Degree.Hours1 (301 x (401 . 1200 degree-hours Process B tails the guideline (Limit: 1000 degree-hourS) C. Variable Tamgersture Processes In testing progression degree-hOurs temperature determining each process, each step-up in the is analyzed for the numDer of it contributU, with the highest used in the fermentation process the degree-hour limitation as follows: Procells C: oven Critical Temperature Hou!'S Oeerree F. Ad;ultment Oeerrees Oeqree-Hours 10 75 75 - 60 lS 150 10 85 85 - 60 2S 250 16 95 95 - 60 3S 560 - pH - 5.3 Total 960 Process C meets the guideline, since a pH of 5.3 is attained in less than 1000 deg:ee-hours. Process 0: Oven Hours Oeerree F. Critical Temperature Ad;ustment DeqreeS Deerree-Hours 10 75 10 95 18 98 75 - 60 85 - 60 98 - 60 15 2S 38 150 250 684 - pH . 5.3 Total 1084 Process 0 fails the guideline because the quideline limit is let at rooD degree-hours for times and temperatures and it has taken 1084 deqTee-hours to attain 5.3. . ' , '. .d ~lj n #.1ERlCAN MEAl INSt11\lTE P .0, Box 3556. WCJShlnglOl'\. D.C. 'lJPj7 1700 NOl1h MoCll9 St.. A/fll'lglOl'\. VA Z12fF1 : tlf'C''''.'' . ,j1 ~ ~ "" "C.l ") \.) ~ ~ f'.. I C' 0 , .c. ~ ........ N'I tJ .~ . ,~ l...-, rr--, ~ '- .' 1",' .......... <>0 , ". ~ ~ '-' .... (. ,-:> 'i '" I < . rrz h' . ld ~ . 1::0 - " 1'1' ~ i l....: i .~ '---"'. 'J 1.2. Admitted. 3, Admitted in parI, denied in parI. It is admitted 1hal Plalnllffs Leonard p, Jumper, Jr., individually, and Leonard P. Jumper, Jr. and Melissa S. Jumper as Guardians Ad Litem for 1heir Minor child, Ghad L. Jumper filed a complaint in the Court of Common Pleas of Cumberland Coun1y, Pennsylvania, naming Palmyra Bologna Company as a defend anI. Defendant, Palmyra Bologna Company specifically denies 1hat 1he complaint has meri\. 4, Admitted in parI, denied in parI. It is ad milled 1hat each complain 1 ~i1ed by Plaintiffs alleges 1hal, beginning in September, 1995 some Lebanon Bologna manufac1u red by Palmyra Bologna Company was con1aminated by salmonella while in 1he possession, custody or con1rol of Palmyra Bologna Company; thaI, during September and October, 1995, the allegedly 1ainted bologna was sold, wi1hout warning to 1he unsuspecting consuming public; and 1ha1, following the consumption of 1he allegedly tainted produc1, a number of individuals became seriously ill. Defendant, Palmyra Bologna Company specifically denies thaI 1he complaints have meril. 5, Admilled in parI, denied in parI. It is ad milled thaI each Complain1 alleges that 1he bologna was in a defectivA condition 1ha1 was unreasonably damgerous 10 1he expcted consumer and was allegedly unfit for human consumption, Palmyra Bologna Company specifically denies that the complaints have any merit. 2 6. Denied, The allegations contained in this paragraph constitute conclusions of law to which no response is required, and therefore the same are denied, 7-9. Admilted, 10. Denied, The allegations contained in this paragraph constitute conclusions of law to which no response is required, and therefore the same are denied, By way of further answer, iI is specifically denied thaI the above. caption cases Involve common questions of both law and fac1, that discovery In one of these cllses will be applicable 10 the discovery In other actions, By way of further answer, Defendant, Palmyra Bologna Company specifically denies thaI the allegalions in subparts (a) through (d) are factors that 1his Honorable Court may consider in ruling on the instan1 mo1ion. 11. Denied, The allegations con1ained In 1hls paragraph constilule conclusions of law to which no response is required, and therefore the same are denied. 12. Admitted 3 TIMOTHY HERBERT and JOENE HERBERT, Individually and as Guardians Ad Litem for 1helr minor child CHRISTIAN HERBERT and on behalf of a class of person similarly siluated, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .- LAW JURY TRIAL DEMANDED Plaintiffs vs, PALMYRA BOLOGNA COMPANY, NO. 95.5455 Civil Term Defendan1 AND LEONARD P. JUMPER, JR., individually, and LEONARD p, JUMPER, JR, and MELISSA S. JUMPER as Guardians Ad Li1em for 1helr minor child, CHAD L. J.JvPER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION u LAW Plaintiffs JURY TRIAL DEMANDED PALMYRA BOLOGNA COMPANY, and GIANT FOOD STORES, INC, NO, 97-512 Civil Term / Defendants CERTIFICATE OF SERVICE I, WilLIAM J. AQUILINO ESQUIRE, hereby certify that a copy of Defendant, Palmyra Bologna Company's Response to Pelition for Rule To Show Cause Why the Above-Captioned Cases should not be Consolidated for Purposes of Discovery and Brief in Opposition thereto were served this date by depositing same in the United States first class mail, postage prepaid, addressed as follows: :-;Hl':J~ I ''"r'''' :.;I.llJf..:H IIU r lll' ,', illtl ry CA~;": W.I: 1'.I'YI-l/Il~51:: ~. CIJMMONWt-:A1.rH IJF r";Nrl~-iYLVANlA: elllJNTY lJF CUMllI.:ril.AND JIJMP":R U:ONAIW P JH ET AI. VS. PAI.MYRA HULDliNA CO c;T AI. R. Thom()s Kl'lne> , She>r1ff, who bE'1ng duly sworn according to law, aaya. that he> made> a d1l1ge>nt a~arch and inqu1ry for thE' W1 th1n naml?d defe>ndant, to W1t: PAI_MYllA HllLDGNA COMPANY but was un()blo to locatE' doput1;::E'd thE' sheT'lff of rhe>m 1n his ba1l1w1ck. lie> the>reforl? 1.I':HMIUH County, reonnsj'lvania. t" servI? the w, thin CIJMP1.A III r On Jo"e>bTIJ()ry 18th, l'J';ll the attached re>turn from th1s off1CE' was 1n receipt of IYIJANUH Counti', Pennsylvania. Sher1ff's Costs: Docketing Uut of County Surcharge LeOANDN COUNTY 18,00 9. o I<? 2.00 34.80 9b3.80 RHOAUS AN SINON 02/18/1997 Sc. answ€.'rs: .- // _I"' _ . ___ .~/ /~---~ ./ -'~ i . '. . ..- KI Thomas K11ne, Sher1f1 Sworn and subscribed to beJore me thls ,)(, <!.: _ day of j.J,.~ 1':l-L1- A. [l, ~ t.A- Q. 'hw.t...... "ll Pl'othonotary-'-ASp . 1"18 \.....::UrT CT "-.::r-;li,,;';,, , .- - .--- _I .........,."..-.;;,::. i_.J_ \w._l..",\.I/, ;.H;~ Y l"~..::: .. L~onaLd P. Jumper. Jr. et a1 '':is. Palmyra Bologne Company ~c. 97-512 Civ)l Term ----, :?_- ;:';ow, Jan. 31. 1997 :9_ !. S:~'::'F O~ C~G::::'=..1.';_'G) CO~-:-;':Y, ?~....., :::1 ==--, c..7':= ::: .:::.=~ ci Lebanon c.:u.:::r :;) .-_... ----- ~ ',V:-::, := . . -==?t:==-"":1 ==; -.....- - 1: == -.- .--:.-.. =:::. :-...:J:: \:t P!~=.. -"~ ,t!')' /,,.~/:? L.-" c~..' ..>' //, - ,lO"".,.';.I.""',....~':..i../ ,..A..:.,~......,.,:......: _ ,y-- "'j ~ , ~e:'..:! :t C~e:"..l:d C.:t:.:':7, ?:.. ,,-.::::." 'J. ,. - . _~c::.2.71.. or ::~::-n~ ;:';ow, ~~ o...r.....:.. 'or. .-- .- --- --'-- :::: wi.:.:., -:';:-C11 .. =:1' :.:..::,..::_! ::l z. '--:o! ct = ::'.::'--1 ,- :.:c -,,'- . :::l ="""Wl1 :=.: ..--..-- ~"::::=:. ....-..--... ~o :1:--w=-.... ~~~~ ci C,:)t:.::?,. ::.. .. ... =::.:::3_='7':: ~9_ CC:'l~ S::::t.....-IC ~m.:::..'.G2 s 5w-::::. :.:c ::.::....~J:c.d ::c:::: "~ : llJ.J... "v17 s z_ "--' within Petition for Rule to Show Cause Why the Above-Captioned Cases Should not be Consolidated for Discovery Purposes as follows: 1. On or about November 13, 1996, Judge J. Wesley Oler, Jr. issued an Order of Court granting the Plaintiffs' Petition to Consolidate for Purposes of Discovery each of the above captioned cases (the "Consolidated Cases") except the pavelic action which had not yet been filed. 2. On or about January 6, 1997, Judge J. Wesley Oler, Jr. issued an Order of Court consolidating the Pavelic action with each of the above captioned cases for purposes of discovery. 3. On or about January 30, 1997, Plaintiffs Leonard P. Jumper, Jr., individually, and Leonard P. Jumper, Jr. and Melissa S. Jumper as Guardians Ad Litem for their Minor child, Chad L. Jumper, filed suit against Palmyra Bologna Company and Giant Food Stores, Inc., alleging Defendants are liable to Plaintiffs under counts of strict liability, misrepresentation, breach of warranty and negligence. 4. As with the Complaints in the consolidated actions, the Jumper complaint filed by Plaintiffs alleges that, beginning in September, 1995, some Lebanon Bologna manufactured by Palmyra Bologna Company was contaminated by salmonella while in the possession, custody or control of Palmyra Bologna Company; that, - 2 - during September and October, 1995, the tainted Bologna was sold, without warning to the unsuspecting consuming public; and that, f(\llowing the consumption of the tainted product, a number of individuals became seriously ill. 5. Each complaint filed by Plaintiffs who purchased the tainted Bologna at Giant Food Stores, Inc., alleges that the contaminated Bologna was in a defective condition unreasonably dangerous to the expected consumer and to Plaintiffs and was unfit for human consumption. 6. The issues and subject matter presented in all the complaints are similar in nature. 7. Palmyra Bologna Company is named as a Defendant in all of the actions. 8. Giant Food Stores, Inc. is named as Defendant in all actions and counts where the contaminated Lebanon Bologna was purchased at Giant Food Stores, Inc. 9. Further, Rhoads & Sinon LLP and Thomas A. French, Esquire represent all of the Plaintiffs in each action and Robert J. Powell, Esquire represents Defendant, Palmyra Bologna Company, in all of the actions; and George B. Faller, Jr., Esquire - 3 - I' 'nus Il^T^IILtl,MIMI<Y"2'I-A~S I /II" nu.tf,IOldll.,,pll'lOI-UIAM II.n1.\(<I O\21~~~ II 01 II A'" :\01>0 HI LEONARD P JUMPER. JR.. individually. and LEONARD P JUMPER. JR. and MELISSA S. JUMPER as Guardians Ad Litem for their minor child. CHAD L JUMPER Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW v. NO. 1997-0512 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES. INC.. Defendants JURY TRIAL OF TWELVE DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT GIANT FOOD STORES INC TO: LEONARD p, JUMPER, JR., individually, and LEONARD P. JUMPER, JR" and MELISSA S, JUMPER as Guardians Ad Litem for their minor child, CHAD L. JUMPER, and their attorney, Thomas A, French, Esquire and PALMYRA BOLOGNA COMPANY, and their attorney, Robert ,J, PoweIl, Esquire YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant Giant Food Stores. Inc. (Hereinafter answering Defendant). by and through its attorneys. MARTSON. DEARDORFF. WILLIAMS & OTTO. and files the within Answer with New Maller as follow; 1-2. Denied. After reasonable investigation. the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in these paragraphs and the same are denied and. therefore, strict proof thereof, if relevant. is demanded. 3. Admitted. 4. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 4 and. therefore. the same arc denied with strict proof thereof, if relevant. demanded. 5. Denied pursuant to Pa R.C I' 1029(e) 6. Admitted 7-22. Denied pursuant to Pa R.C.p. 1029(e). 23-37. Denied. After reasonable investigation. the answenng Defendant is without knowledge or information sufficient to form a belief as to the tm1h of the averments contained in these paragraphs and the same arc denied and. therefore. strict proof thereof. if relevant. is demanded. WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of1he Plaintiffs' Complaint with prejudice. COIJNTI I.EONARD P. .IIJMPER. .IR. (individually} v. PAI.MYRA BOLOGNA COMPANY (Strict Liability) 38-43. These paragraphs are directed to a Defendant other than the answering Defendant; therefore. the answering Defendant is not required to respond thereto. WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COUNT II LEONARD P. .JUMPER. .JR. and MELISSA S. .IUMPER (as Guardians Ad Litem for their minor child. CHAD L. .llJMPER} v. PALMYRA BOLOGNA COMPANY (Strict Liability) 44-46. These paragraphs are directed to a Defendant other than the answering Defendant; therefore. the answering Defendant is not required to respond thereto. WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COIJNT 111 LEONARD P. .IIJMPER. .JR. /individually} v. PALMYRA BOLOGNA COMPANY (M isrepresentation) 47-51. These paragraphs arc directed to a Defendant other than the answering Defendant; therefore. the answering Defendant is not required to respond thereto. WHEREFORE. Defendant Giant Food Stores, Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COIINT1V LEONARD P. .JlJMPER. .JR. lInd MELISSA S. .lIIMPER (liS GUlIrdillns Ad Litem for their minor child. CHAD L. .JlJMPER) v. PALMYRA BOLOGNA COMPANY (Misrepresentation) 52-53. These paragraphs are directed to a Defendant other than 1he answering Defendant; therefore. the answering Defendant is nOI required to respond thereto. WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COUNT V LEONARD P. .JlJMPER. .JR. tindividualb1 v. PALMYRA BOLOGNA COMPANY (Breach of Warranty) 54-60. These paragraphs are direc1ed to a Defendant other than the answering Defendan1; therefore. the answering Defendant is not required to respond thereto. WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COUNT VJ LEONARD P. .JlJMPER. .JR. lInd MELISSA S. .JlJMPER (liS Guardillns Ad Litem for their minor child. CHAD L. .JlJMPER\ v. PALMYRA BOLOGNA COMPANY (Breach of Warranty) 61-62. These paragraphs arc directed to a Defendant other than the answering Defendant; therefore, the answering Defendant is nol required to respond thereto. WHEREFORE, Defendant Giant Food Stores, Inc. demands judgment in i1S favor and dismissal of the Plaintiffs' Complaint with prejudice. COIINT VII LEONARD P. .IlJMPF:R. .JR. (individually) v. PALMYRA nOLOGNA COMPANY Negligence 63-70. These paragraphs are directed to a Defendant other than the answering Defendant; therefore. the answering Defendant is not required to respond thereto. WHEREFORE. Defendant Giant Food Stores. Inc demands judgment in its f.wor and dismissal of the Plaintiffs' Complaint with prejudice. COIINT VIII LF:ONARD P. .IlJMPF:R. .JR. and MF:LJSSA S. .IlJMPF:R (as Guardians Ad /.item for their minor child. CHAD 1.. .IlJMPF:RI v. PALMYRA nOLOGNA COMPANY Negligence 71-72. These paragraphs are directed to a Defendant other than the answering Defendant; therefore. the answering Defendant is not required to respond thereto. WHEREFORE. Defendant Giant Food Stores, Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COIINT JX LEONARD P. .IlJMPF:R. .JR. and MF:LJSSA S, .IlJMPF:R v. PALMYRA BOLOGNA COMPANY (For Payment of Medical Expenses of Minor Child) 73-76. These paragraphs are directed to a Defendant other than the answering Defendant; therefore. the answering Defendant is not required to respond thereto. WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COUNT X LEONARD P. .JUMPF.R. .JR. (individuaUy\ v. GIANT FOOD STORES. INC. (Strict Liability) 77, Answering Defendant incorporates by reference the averments set forth in paragraphs 1-76 of this Answer. 78-82. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COUNT XI LEONARD P. .\lJMPER. .JR. and MEI.lSSA S. .JUMPF.R (as Guardians Ad Litem for their minor child. CHAD L. JUMPER\ v. GJANT FOOD STORES. INC. (Strict Liability) 83. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-82 of this Answer. 84-85. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Giant Food Stores, Inc. demands judgment in its favor and dismissal of the Plain1iffs' Complaint with prejudice. COUNT XII LEONARD P. .JUMPER. .JR. (individually\ v. GIANT FOOD STORES. INC. (Misrepresentation) 86. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-85 of this Answer. 87-90. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Giant Food Stores, Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COUNT XIlI LEONARD P. .J\JMPER. .JR. and MELISSA S. .JUMPER (as Guardians Ad Litem for their minor rhild. CHAD L. .J\JMPER) v. GIANT FOOD STORES. JNC. (Misrepresentation) 91. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-90 of this Answer. 92. Denied pursuant to Pa. R. C. P. I 029( e). WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. Cot/NT XIV LEONARD P. .J\JMPER. .JR. lindividually) v. GIANT FOOD STORES. INC. (Breach of Warranty) 93. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-92 of this Answer. 94-99. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COUNT XV LEONARD P. .J1JMPER. .JR. and MELISSA S. .J\JMPER las Guardians Ad Litem for their minor child. CHAD L. .J\JMPER) v. GIANT FOOD STORES.INC. (Breach ofWarrnnty) 100. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-99 of this Answer. 101. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Complaint with prejudice. COUNT XVI I.EONARD P. .IIJMPER. .IR. lindividuallyl v. GIANT FOOD STORES. INC. (N egligence) 102. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-10 I this Answer. 103-109. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the PlaintitTs' Complaint with prejudice. COlJNT XVII I.EONARD P. .IIJMPER. .JR. and MELISSA S. .IIJMPER las Guardians Ad Litem for their minor child. CHAD L. .lUMPERI v. GIANT FOOD STORES. INC. (Negligence) 110. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-109 of this Answer. III. Denied pursuant to Pa. RC.P. 1029(e). WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the PlaintitTs' Complaint with prejudice. COlJNT XVIII LEONARD P. .IIJMPER. .IR. and MELISSA S. .lUMPER v. GIANT FOOD STORES. 1NC. (For Payment of Medical Expenses of Minor Child) 112. Answering Defendant incorporates by reference the averments set forth in paragraphs I-III of this Answer. 113-115. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintil1s' Complaint with prejudice. CERTIFICATE OF SERVICE I hereby cenify that a copy of the foregoing Answer with New Matter of Defendant Giant Food Stores, Inc., was served this date by depositing same in the Post Office at Carlisle, PA. first class mail. postage prepaid. addressed as follows: Thomas A. French, Esquire RHOADS & SINON LLP Dauphin Bank Building Twelfth Floor One South Market Square P,O, Box 1146 Harrisburg. PA 17108-1146 Roben 1. Powell, Esquire The Law Office of Roben J. Powell 123 Warren Street West Hazleton. PA 18201-3697 MARTSON. DEARDORFF, WILLIAMS & OTTO By George B. Fal . Jr., Es uire W, Darren Powell. Esquire Ten East High Street Carlisle. P A 17013 (717) 243-3341 Attorneys for Giant Food Stores, Inc. Dated: March 20, 1997 LEONARD p, JUMPER, JR.,lndividually, and LEONARD p, JUMPER, JR. and MELISSA S. JUMPER as Guardians Ad L11em lor their minor child, CHAD L. J..tJfffi : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW Plalnlifls JURY TRIAL DEMANDED PALMYRA BOLOGNA COMPANY, and GIANT FOOD STORES, INC, NO. 97-512 Civil Term Delendan1s CERTIFICATE OF SERVICE I, WilLIAM J, AQUILINO ESQUIRE, hereby certify thaI a copy of Defendant, Palmyra Bologna Company's Answer to New Maller of Defendant, Giant Food Stores, Incoo pursuan1 10 Pa,R.C,P. No, 2252(d) were served this date by depositing same in the United States first class mail, postage prepaid, addressed as follows: Thomas A, French, Esquire RHOADS & SINON llP Dauphin Bank Building Twelfth Floor One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 George B, Faller, Jr., Esquire MARTSON, DEARDORFF, WilLIAMS & OlTO Ten East High Street Carlisle, PA 17013 THE LAW OFFICES OF ROBERT J. POWEll ~ BY: 123 Warren Street West Hazleton, Pennsylvania 18201 (717) 450.5529 ,.,. +," !' DATED: March 26, 1997 11. When PBC became aware of the contamination, PBC contracted with Silliker Laboratories to determine if salmonella existed at its facilities. 12. Upon inspection, Silliker Laboratories did find salmonella in a drain at PBC's Lebanon facility. A copy of said test result is attached hereto as Exhibi t "A" and incorporated herein by reference. 13. Upon inspection and testing, Silliker Laboratories found that numerous samples of raw meat taken from the PBC facilities were contaminated with salmonella, A copy of said test results is att.ached hereto as Exhibit "B" and incorporated herein by reference. 14. Nine samples of PBC bologna obtained from ill consumers who were salmonella positive after purchase were tested by the Pennsylvania Department of Health, These samples tested positive for salmonella contamination with the same serogroup ~nd serotype of salmonella as were found in the stool cultures of the sickened customers. 15. Prior to the salmonella outbreak, PBC in the processing of its Lebanon bologna products, relied on a "natural fermentation" process to eliminate pathogens such as salmonella from its products, PBC did so with full knowledge that this - 4 - process failed applicable industry standards including the Standards for Good Manufacturing Practices for Fermented Dry and Semi-dry Sausage promulgated by the American Meat Institute, which rejects the practice stating "this method is unreliable and should not be used," and with the further knowledge that the natural fermentation method posed a substantial risk of serious injury to consumers. Following the salmonella outbreak, PBC abandoned its reliance on the natural fermentation process and adopted use of a lactic acid starter culture to more reliably produce the level of acidity necessary to eliminate salmonella and other dangerous pathogens from the products. A true and correct copy of the above- mentioned Standards is attached hereto as Exhibit "C" and incorporated herein by reference. 16. On or about September 29, 1995, the Jumpers purchased Seltzers regular Lebanon Bologna at the deli of the Giant located at Silver Spring Commons in Mechanicsburg, Pennsylvania. 17. Plaintiff Leonard P. Jumper, Jr, consumed the Bologna during the week following the purchase of the Bologna. 18. On Thursday, October 5, began to feel ill with symptoms of diarrhea, fever, and headache. 1995, Leonard P. Jumper stomach cramps, nausea, - 5 - 26. Following consumption of the tainted Bologna, Plaintiffs required and sought the aforementioned medical attention and incurred medical and related expenses, for which a claim is hereby made. 27. The Jumpers lost wages as a result of missing work due to the illness they suffered after consuming the contaminated Bologna and as a result of missing work to care for Chad, for which a claim is hereby made. 28. Chad missed approximately two and one half weeks of school. 29. The Plaintiffs are at risk for future medical complications directly attributable to the salmonella poisoning caused by Defendants. 30. Plaintiffs have suffered and will in the future continue to suffer reasonably similar types of medical symptoms, expenses, including expenses for the care and treatment of Chad, losses and damages, including pain, suffering, mental distress and the loss of life's pleasures as a direct result of eating the tainted Bologna. - 7 - d. the bologna failed to contain the necessary ingredients and go through the necessary production processes, including the addition of lactic and starter culture necessary to render the product safe for human consumption, defects, Plaintiffs have been substantially injured. 35. As a direct and proximate result of the aforesaid 36. As the manufacturers of the defective Bologna, PBC is strictly liable for any and all damages and injuries sustained by Plaintiffs, Moreover, PBC's conduct as set forth herein was reckless and outrageous in that in the aforesaid actions PBC consciously disregarded a known risk of ~erious bodily injury or death to consumers, thereby entitling Plaintiffs to an award of punitive damages. jUdgment in his favor and against Defendant, Palmyra Bologna Company, in an amount in excess of Thirty-Five Thousand Dollars WHEREFORE, Plaintiff Leonard P. Jumper / Jr. demands {$35,OOO.OOI together with punitive damages in a like or greater amount, interest and costs as allowed by law. - 9 - Palmyra Bologna Company, in an amount in excess of Thirty- Five Thousand Dollars ($35,000.00) together with punitive damages in a like or greater amount, interest and costs as allowed by law, COUNT V Leonard P. Jumoer. Jr. (individuallv) v. palmvra Boloqna Comoanv (Breach of Warranty) 47. plaintiffs incorporate by reference paragraphs 1 through 46. 48. At all relevant times, PBC expressly represented and warranted that its Bologna was free of adulteration and safe for human consumption. 49. At all relevant times, PBC knew of should have known that members of the consuming public, including plaintiffs, would rely upon PBC's skill and expertise to manufacture a product that was free of adulteration and safe for human consumption. 50. PBC expressly and impliedly warranted that its Bologna was free of adulteration and safe for human consumption and was merchantable and fit for the purpose for which it was manufactured and sold. - 13 - 75. As the retail sellers of the defective Bologna, Giant is strictly liable for any and all damages and injuries sustained by Plaintiffs. WHEREFORE, Plaintiff, Leonard P. Jumper, Jr. , individually, demands judgment in his favor and against Defendant, Giant Food Stores, Inc., in an amount in excess of Thirty-Five Thousand Dollars ($35,000.00) together with interest and costs as allowed by law. COUNT XI Leonard P. Jumper. Jr. and Melissa S. Jumper (as Guardians Ad Litem for their minor child. Chad L. Jumper) v. Giant Food Stores. Inc. (Strict Liability) 76. Plaintiffs incorporate by reference the averments set forth in paragraphs 1 through 75. 77. As a direct and proximate result of the aforesaid defects, Chad was substantially injured. 78. As the retail seller of the defective Bologna, Giant is strictly liable for any and all damages and injuries sustained by Chad, - 22 - 89. Giant expressly and impliedly warranted that the Bologna it sold was free of adulteration and safe for human consumption and was merchantable and fit for the purpose for which it was sold. 90. In fact, the Bologna was not contaminant-free, was not merchantable and was not fit for the purpose for which it was sold. To the contrary, the Bologna was tainted and contained Salmonella bacteria which, when ingested, caused severe illness as described herein. 91. Giant breached the express and implied warranties it made to the public and to Plaintiffs. 92. Giant's breach of express and implied warranties was the direct and proximate cause of Plaintiffs' injuries as described herein. WHEREFORE, Plaintiff, Leonard P. Jumper, Jr., individually, demands judgment in his favor and against Defendant, Giant Food Stores, Inc., in an amount in excess of Thirty-Five Thousand Dollars ($35,000.00) together with interest and costs as allowed by law. - 26 - salmonella to grow and thrive and contaminate the Bologna; c. failing to label and otherwise warn consumers of the contamination of the Bologna and associated risks and danger; d. failing to recognize that the Bologna it was selling posed a significant threat to the consumer; e. failing to assure that offered for sale contamination; the Bologna it was free of f. failing to take all safety measures necessary to make sure that a product free of contamination would be offered for sale to the general public; g. failing to discover the condition of the Bologna prior the general public; and defective to sale to h. failing to institute and maintain a vendor quality assurance and quality control program. proximate cause of Plaintiffs' injuries. 102. Giant's conduct, as stated above, was the direct and WHEREFORE, Plaintiff, Leonard P. Jumper, Jr. , individually, demands judgment in his favor and against Defendant, Giant Food Stores, Inc., in an amount in excess of Thirty- Five Thousand Dollars ($35,000.00) together with interest and costs as allowed by law. - 29 - . ~ \ r I , VERIFICATION Leonard P. Jumper, Jr., deposes and says, subject to the Penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. I J Leonard v Exhibit A . ' SILLlKER LABCR' TCRIES OF PENNBYLVANI_. INC. 7049 CommerDe Street Sinking Spring. PA . '9606 16101670-9940' FAX 16101670.9943 ..ODD .,,".TV . DUALITY. NUT'UTION L~130RATORY REPORT ......_,~ . 0.. ~ .......... ...... 046419 I 10113195 I ~ r "'--~ . .( ... SAMPlES IECEIVEO. 10/12/95 RECEIVED flCM. lUAlION, PA o MIl. ION fClJOlE' IWIACU PAlK'llA 1cx.0ClIA CO. INC. 230 M. COllEGE 51. P.O. lOX 111 PAlK'llA PA 17078.0111 IEVIS[O DAlE: 10/20/95 " ... ", ANALYTICAL RESULTS SAll'lE DESCltIPTION SAUOlElLA EIA IETMOD SAll'LE ~ICMT IEMT ',3L S\lAI DIAIM 1M lACK Of PROCESSINC IOCM $\lAB POSITIVE POlT C (01: %4 (NI . L "- I" ,. /C~,z~;;~:::-!" 11 jJ I~'" STEPHEN J. DEClEl, ".5. OIIECTOR I' ~. .l .f' ,".....::.;' ...:.-:.- PB000912 Exhibit B J~ la/85 WED la:5] FAX alDa '8U SIlJ.IItER LABS PA. --- p.---' .. . --. .-.' ..-..--.-. .. SILL.IKER LABCRATCRIES 01= PENNBYLVANIA.INC. 7049 Commeroe Street Sinking Spring. PA . 1 B60B Ie 1 (II 670.B940 . FAX 16101670.9943 ..ODD ,'AP.TV . DUALITY. NUTRITiON ot.6n4 I ,~~.:, ;"'I."\lo1-""","'i.'~".'I..",'\', .e~:.. ~... .." 10111195 1 ... aON IllJCllE' IIIJIACtI PAlK'llA IICl.OCNA CO. INC. 23D M. OIlUGf 51. P.O. lOX 111 PAlK'llA PA 170711.0111 SAUdlRlA EIIII!I- SAlf'lE SAlf'lE DESClIPTIDlI ~IGMT IESUl.T lOT 12]2-SIAPIIO.lIII 37SC PlISITlVE ltOIIfl PDLl 0(01: 24 (") lOT 1232'S1IAPIaD.lIII 315 C PlIS IT IVE ltOIIEl CZ (01: 24 (NI lOT 1232-\1IAPIaD.lIII 315 G posITIVE ltOIIfl PDLl C (01:%4 (M) lOT l232'I:HAPlaD-lIII 315 G PlISIT IVE NDHET CZ,YI (01: %4 ("I 101 12]2.mIAPlllO-lIII 37SG posITIVI: PENN DUle I SVl E(O): L COMPLEX (") lOT I232-S1lAPIaD'IAII mG PlIS IT lYE PENN DUlC" SVl E (01: 24 ("I lOl 1232'5NAPlaD'IAII 37S G posITIVE PENlI DUll" SVl E (D): l COKPlEX ("I lOT 1232' SNAPlaD.IAII mG POS ITlVE PEIIN 011I1:11 $\IT E (01: l COMPLEX (M" 101 1232 .S1lAP11lO-lIII 37SC POSITIVE PE"" OUT';N lEG PDLl C (0): 14 1"1 lOT 123Z'5l1APlIlO-IAII 315 G PlISITlVE PENN DUl i:It lEC 1101: 1 cOMPLEX ("I lOT 123Z-SlW'laD-IAII mC POSITIVE PAL lEa PCl.l 0 101: 14 ("I l Ii!lD12 LABORATORY REPORT ''"':'~f' \ '.'" ~.. 'J~lJ.':;""~''',L'':..''''''''~ ..,'....' S~IES aEtEIVED: 10/10/9S lECEIVl:O '10l: LESAIION. PA aEVIS[O DATE: 10/18195 PBOOOBOB \ BILLIKER LABC ATCRIES [IF PENNBYLVANIA,INC. 7049 Commerce Street Sinking Spring. PA . 19B06 lel0le7l).1laolO' FAXIB101B7Q.9943 "ODD .A~.T" . QUALITY. NUTRITION 'BORATORY REPORT .. ' ~.. ......: D46420 1 lD/T3!95 ......,,~...'''''' ""....'\.,... ."",~iL\\U. .-:...,::'1 ',,,''''..,:.... MIl. ION raJClll!' ,WIACU PAUl'IlA ICl.IDlA DO. JIIC. 230 .. 1Cl.1ElZ IT. P.O. IQlI 111 PAUl'I~, PA 17078'0111 LIMPln IECEIVEll: lD/1Z/95 lEalVlD flCM: LEIAIIOII, PA IEVlsm DAlE. 10/20195 SAll'U! DEstalPTlOl SAUlllNElU EIA II:I"OD $AWLE ~IG", IESUl.T lEAl IN PllCESS 232._'IC LEIAIIOIIIDlOQCA 125 C POSITIVE POlY C (01. 14 ("I IEAT II PIlCESS m'SllAP'11 LEaAIIlII IDlOQCA 125 C POSITIVE C1(DI: C COI'lEll ("I ....' ~~J ~(.,4_ STEPNEN J. DECltI, ".5. DIIlECTOR PBOOOB1S P' 90RATORY REPORT ....#/. ", .. ...... ""4 '. ." .'";' . SILLIKElR LABO"- 'TORIES 1 elF peNNBYLVAIIIIA,INC. 749 Commerce Street Sinking Sprtng. PA . 1 ae06 Ie I 01 670-S940 . FAX Ie I 01 e70-99043 flaDD a"...T'Y . DUALITY. NUTRITION ... ION flllCllE' IWIAClll PAlK'llA ICl.OCNA CD. INC. 230 ._ COLLEGE ST. P.O. lOX 111 PAl!lTIA PA 17078.DITl SAUIllIIllLA ~', EIA IETNOD SAlftE SAll'LE DESCIlIPlION ~ IClCT lUlU lOl lIDl-CN'lAV 375 0 pOSIT IVE ICII $\IT VIK I 0(01: C COMPLEX (X) LOT lIDl-CH'lAV 375 C POSITIVE IICII $\IT VIK . 0(01: C COMPlEX (HI LOI lIDl'CN'lAV 375 C PDSITIVE ICII $\IT "'" . 0(01: 0 COMPLEX (N) lOl lIDI'CH'IAV 375 G POSITI.~ PAL $\IT I (DI: I (HI U/" . lOl lIDI-SA'IAV 375 C POSITIVE lOll SALT VI: E (01: E,." (NI LOI 1231-SA'lAV mc pOSITIVE lOll SALT VI: C1IDI:14,ICOMPlEX(NI lOl lID1-SA-IAV 375 D POSITIVE PENN DIIlCN CZ(Ol: I COMPLEX (NI lEG VlC LOI lI231-SA -lAV mc pOSIT IV! PENN DIIlCN CIIDI: C CCMPlEX (NI IEC V/C lOl lI23l-$A"IAV 375 C pOSITIVE PENN DIIlCN C1(DI: 1 CCMPlEX (HI IEC VlC lOl lIDl-SA'lAii .. 375 C pOSIT IVE PENN DIIlCH CIIOI: 1 CCMPlEX (NI lEG vIe 0463G6 T TD/T3195 o.w-:-. \.. ':'\ "" "",'r.. S."l\'oo SAll'LES IECEIVEll: TO/09195 IECEIVEll flON: LEIAIION, PA IEVIUD DATE: 10/20195 . CON1IUO . 1 ).\.. 'l,,1.;'''' ',.V~::"'.I.\.. PBOOOB13 . -""'.,,', ". Exhibit C ,..",,,0 GOO D MAN 0 PAC T U R I N G P RAe TIC E S Voluntary Guidelines for the Production of Fermented and Acidulated Meat Products It is the ultimate goal of these guidelines to provide a broad understanding of critical control points during the manufacture of fermented and acidulated meats products. These Good Manufacturing practices are recommended for voluntary acceptance without infringing on any firm's right to manufacture its own unique. high quality products according to special and traditional formulae and recipes. PRODUCTS Dry sausages are chopped or ground meat products that. as a result of bacterial action or direct addition of organiC acids. reach a pH of 5.3 or less and are ehen dried to remove 25 to 50 percent of the moisture, resulting in a moisture/protein ratio complying with Federal Meat Bnd poultry Inspection requirements. Semi-dry sausages are chopped or ground meat products that. as a result of bacterial action or direct addition of .organic acids, reach a pH of 5.3 or lesS, undergo up to 15 percent moisture removal during the process. and have moisture/protein ratios in compliance with Federal Meat and poultry Inspection requirements. Some semi-dry sausages receive a pasteurization process following the fermentation period and are shelf stable. Since the pH has been lowered during the preceding fermentation period, the degree-hour concept applies only to the time required to reach pH 5.3. FSIS Policy Memo 056 (1/12/83) requires that these shelf stable products reach a final pH of 5.0 or less and have a moisture protein ratio of 3.1/1.0 or less. CRITICAL CONTROL POINTS I. pH CONTROL Fermented and acidulated sausages shall attain a pH of 5.3 or lower through the action of lactic acid forming bacteria or by direct acidulation within the time frame defined in Part II of this GMP. It is important to reach pH 5.3 to control the growth of staphylococci. ! \ I , , ''f' -3- 11. T,KE_TEJt.,:a...aE CO.""OL FOa .......,..'0. ..0 DIRECT . ACIDULATION A, Deg~ee-HOu~ cont~ol {See DefinitionsI A process is acceptable when it controls the g~owth of staphylocOcCi in the product and consistentlY ~eaches a pli of 5.3 or leSS using the following c~iteria: 1. fewer than 1200 degree-hou~S when the highest oven temperature is lesS than 90' F. 2. fewer than 1000 degree-hours when the oven temperature is betWeen 90' and 100' F. 3. fewer than 900 degree-hours. when the oven tempe~~ture is greater than 100' F. B. constant Tempe~atu~e processes The time-temperature relationships for constant temperature processes are ~s folloWS: Degree-HOUrS Above 60' F. oven Temperature Deqrees F. Maximum Hours to pH 5.3 80 60 48 33 28 25 20 18 1200 1200 1200 1000 1000 1000 900 900 75 80 85 90 95 100 105 llO EXAMPLES OF CONSTANT TEMPERATURE PROCESSES procesS A: constant 80' F. temperature for 5S hours with a pH decline to s.3 Degrees: 80 - 60 . 20 55 sours: Degree-HOurS: {201 x {551 · 1100 de9ree-hou~S procesS A p~sses the guideline (Limit: 1200 degree-hours I . -4- procesS A: Constant 90. F. for 40 hours with a pH decline to 5.3 lIours: 90 - 60 - 30 40 Degrees: Degree-Hours: (30) x (40) D 1200 degree-hOurs Process B fails the guideline (Limit: 1000 degree-hours) c. Variable Temperature Processes In testing each process, each step-up in the progression . is analyzed for the number of degree-hours it contributes, wi th the highest temperature used in the fermentation process determining the degree-hoUr limitation as follows: Process c: oven critical Temperature Hours DeC/ree F. Adiustment Deqrees DoC/ree-Hours 10 75 75 - 60 15 150 10 85 85 - 60 25 250 16 95 95 - 60 35 560 - pH - 5.3 Total 960 Process C meets the guideline, since a pH of 5.3 is attained in less than 1000 degree-hours. Process 0: Oven Hours Deqree F. 10 75 10 95 18 98 pH = 5.3 critical Temperature Ad;ustment DeC/rees Deqree-Hours 75 - 60 85 - 60 98 - 60 15 2S 38 150 250 684 - Total 1084 ProcesS D fails' the guideline because the guideline limit is set at 1000 degree-hours for times and temperatures and it has taken 1084 degree-hOurs to attain 5.3. :-.. -6- DEFINITIONS 1. FERMENTATION FermentatiOn 110 t.hat part of the process in which the pH is reduced in the meat mixture by lactic acid producing bacteria. Once the pH reaches 5.3 or less, the environment for StaohvlococCUI aureuS growth is effectivelY controlled. Dur1ng fermentation of sausages to a pH of 5.3, it is necessary to lim1t the time during which the sausage meat is exposed to temperatures exceeding 60' F. or higher. 2. ACIDULATION Acidulation is the process of reducing pH by the addition of organic acids. The majority of acidulant.s in common use require the protection of an encapsulation process. Since many different encapsulating agents are in use, adherence to the supplier'S specific recommendations is required. 3. STAPHYLOCOCCI When staphylococci are referenced in this document, it refers to coagulase posit.ive StaohvlococCus aureuS. 4. DEGREE-HOURS Degrees are measured as the excesS over 60' F. (the critical temperature at which staphylococcal growth effectively begins). Degree-Hours is the product of time in hours at a particular temperature and the "degrees." Degree-HOurs is calculated for each temperature used during fermentation. The limitation of the number of degree-hours depend upon the highest temperature in the fermentation process prior to the time that a pH of 5.3 or less is attained, Processes attaining lesS than 90' F. prior to reaching a pa of 5.3 are limited to 1200 degree-hours; processes exceeding 89' F. prior. to reaching a pH of S. 3 are limited to 1000 degree-hOUrS; and processes exceeding 100' F. prior to reaching pH 5.3 are limited to 900 degree-hours. ... :1') \ l, , : .. \ l. C-_ I . I' :- c " - l. ! r COUNT I Leonard P. Jumoer. Jr. (Individually) v. Palmyra Bologna Company , . (Strict Liability) 31, Answering Defendant, Palmyra Bologna Company, Inc" hereby Incorporates by reference its responses to Paragraph 1 through 30, Inclusive, as though same were fully set forth herein at length. 32-33, Denied pursuant to Rule 1 029(e). 34.36, Denied. The allegations contained in these Paragraphs constitute conclusions of law to which no response Is required under the Pa, Rules of Civil Procedure, The same are, therefore, denied and strict proof thereof Is demanded at the trial of this matter, WHEREFORE, Defendant, Palmyra Bologna Company, Inc" hereby demands judgment in its favor and against Plaintiffs, together with costs of suit, Including reasonable attorney's fees and other relief as may be just and reasonable, COUNT II Leonard P. Jumper. Jr. and Melissa S. Jumper (as Guardians Ad Litem for their minor child. Chad L. Jumper! v. Palmyra Bol09na Comoanv (Strict Liability) 37. Answering Defendant, Palmyra Bologna Company, Inc,. hereby incorporates by reference its responses to Paragraph 1 through 36, inclusive, as though same were fully set forth herein at length, 48-39, Denied, The allegations contained in these Paragraphs constitute conclusions of law to which no response is required under the Pa. Rules of Civil Procedure. The same are, therefore, denied and strict proof thereof Is demanded at the trial of this matter, 2 WHEREFORE, Defendant, Palmyra Bologna Company. Inc., hereby demands judgment In Its favor and against Plaintiffs, together with costs of suit, Including reasonable allorney's fees and other relief as may be just and reasonable, COUNT V Leonard P. Jumoer. Jr. (Individually) v. Palmyra Bologna CompanY (Breach of Warranty) 47. Answering Defendant, Palmyra Bologna Company, Inc., incorporates by reference Its responses to Paragraph 1 through 46, inclusive, as though same were fully set forth herein at length, 48.53, Denied, The allegations contained In these Paragraphs constitute conclusions of law to which no response is required under the Pa. Rules of Civil Procedure, The same are, therefore. denied and strict proof thereof is demanded at the trial of this mailer. WHEREFORE, Defendant, Palmyra Bologna Company, Inc., hereby demands judgment in its favor and against Plaintiffs, together with costs of suit, including reasonable allorney's fees and other relief as may be just and reasonable. COUNT VI Leonard P. Jumper. Jr. and Melissa S. Jumper (as Guardians Ad Litem for their minor chffd. Chad L. Jumoerl v. Palmvra Boloana Comoanv (Breach of Warrantyl 54. Answering Defendant, Palmyra Bologna Company. Inc,. hereby incorporates by reference its responses to Paragraphs 1 through 53, Inclusive, as though same were fully set forth herein at length. 55. Denied. The allegations contained in this Paragraph constitute conclusions of law to which no response is required under the Pa. Rules of Civil Procedure. The same is, therefore, denied and strict prool thereol is demanded at the trial of this mailer. 4 l f D COUNT X Leonard P. JumDer. Jr. /lndlvlduallyl v. Giant Food Stores. Inc. (Strict Liability) 70. Answering Defendant. Palmyra Bologna Company, hereby Incorporates by reference its responses to Paragraphs 1 through 69, inclusive. as though same were fully set forth herein at length. 71-75, The allegations contained in these Paragraphs are directed to a party other than Defendant, Palmyra Bologna Company, Inc., and therefore no response is required, WHEREFORE, Defendant. Palmyra Bologna Company, Inc" hereby demands judgment In its favor and against Plaintiffs, together with costs of suit, Including reasonable attorney's fees and other relief as may be just and reasonable. COUNT XI Leonard P. Jumoer. Jr. and Melissa S. Jumper (as Guardla~~ Ad Litem for their minor child. Chad L. Jumper) (Strict Liability) 76. Answering Defendant, Palmyra Bologna Company, hereby Incorporates by reference its responses to Paragraphs 1 through 75, inclusive, as though same were fully set forth herein at length. 77.78. The allegations contained In these Paragraphs are directed to a party other than Defendant, Palmyra Bologna Company, Inc., and therefore no response Is required, WHEREFORE, Defendant, Palmyra Bologna Company, Inc., hereby demands judgment in Its favor and against Plaintiffs, together with costs of suit, Including reasonable attorney's fees and other relief as may be just and reasonable, 7 COUNT XV'" Leonard P. Jumper. Jr. and Melissa S. Jumper v. Giant Food Stores. Inc. (For Payment of Medical Expenses of Minor Child) 105, Answering Defendant. Palmyra Bologna Company, hereby Incorporates by reference Its responses to Paragraphs 1 through 104. inclusive, as though same were fully set forth herein at length, 106-108, The allegations contained In these Paragraphs are directed to a party other than Defendant, Palmyra Bologna Company, Inc., and therefore no response Is required, WHEREFORE, Defendant, Palmyra Bologna Company. Inc.. hereby demands Judgment In Its favor and against Plaintiffs. together with costs of suit, Including reasonable attorney's fees and other relief as may be just and reasonable, NEW MATTER By way of further answer, Defendant. Palmyra Bologna Company, Inc" avers the following New Matter: 109, Plaintiffs' Complaint fails to state a cause of action upon which relief may be granted, 110, Plaintiffs were comparatively negligent. 111, Plaintiffs assumed the risk of their alleged injuries, 112, Plaintiffs' actions were negligent in excess of fifty percent (50%) of the proximate cause of the injuries of which they complain. 1 1 07/24 '97 22:32 I I ID:LAW OFF AllY R J POWELL FAX:7174507423 VERIFICATION I II II I I II II I. RONALD FOUCHE, being duly sworn according to law, depose and state that the lollowing lacts are correct: Palmyra Bologna Company. Inc. is a delendant in the foregoing action and I am authorized to execute this vBrlllcatlon on Its behall. The attached Answer and New Matter to Amended Complaint Is basBd upon information which Palmyra Bologna Company, Inc. has lurnished to counsel and Inlormation which has been gathered by counsel in preparation 01 the delense 01 this lawsuit. The language 01 the Answer and New Matter to Amended Complaint Is that 01 counsel and not 01 me. I have reviewed the contents 01 the Answer and New Matter to Amended Complaint and to the extent that such responses are based upon Information which Palmyra Bologna Company, Inc. has given to counsel, it Is true and corr9ct to the best 01 my knowledge. Inlormatlon. and belief. To the extent that the content 01 the Answer and New Matter to Amended Complaint is the language 01 counsel. I have reliBd upon counsel in making this verification. I hereby acknowledge that any statement 01 fact set lorth in the aloresaid Answer and New Matter to AmBnded Complaint IS made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn lalslflcation to authorities, ~~d2p' RONALD FOUCHE Corporate Projects Manager Palmyra Bologna Company, Inc, PAGE 8 , . - ,n >. i' " L':' ,. l' l .'1. , ( .~ l I I. i.. ,.- e I l 1,..- j '-- I:' I , L I: , , " ( , , I , , (~ . , -, ,- r< C' , , " '- , "" - : , I- t , (j' '-' I '.HU:S UA T AHUN,MIKlt '''7'J\I.AlIiS 1 nit. l'IulaJOlil1LV101/014llAM kn~ Q't!7N101\90IPM llWll\\ LEONARD P. JUMPER, JR., individually, and LEONARD P. JUMPER, JR. and MELISSA S. JUMPER as Guardians Ad Lilem for their minor child, CHAD L. JUMPER PlainlilTs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW v. NO 1997-0512 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC" Defendants JURY TRIAL OF TWELVE DEMANDED ANSWER WITH NEW MA ITER OF DEFENDANT GIANT FOOD STORES. INC. TO PI.AINTlFFS' AMENDED COMPLAINT TO: LEONARD p, JUMPER, JR,. individually, and LEONARD P. JUMPER, JR.. and MELISSA S. JUMPER as Guardians Ad Litem for their minor child, CHAD L, JUMPER, and their altomey, Thomas A. French, Esquire and PALMYRA BOLOGNA COMPANY, and their attorney. Robert J. Powell. Esquire YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MA ITER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU, AND NOW comes Defendant Giant Food Stores. Inc. (Hereinafter answering Defendant), by and through its attorneys. MARTSON. DEARDORFF. WILLIAMS & OTTO. and files the within Answer with New Malter as follow; 1-2. Denied, After reasonable investigation. the answering Defendant is without knowledge or infonnation sufficient to form a belief as to the truth of the avennents contained in these paragraphs and the same are denied and. therefore. stricl proof thereof. if relevanl. is demanded, 3. Admilted. 4. Denied. After reasonable invesligation. the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 4 and. Iherefore. the same are denied with strict prooflhereof. ifrelevant. demanded 5 Denied pursuant 10 Pa, Rep. 1029(e), 6, Admitted. 7-15, Denied pursuant 10 Pa, R.C.P. 1029(e). 16-30, Denied, After reasonable investigation, the answering Defendant is without knowledge or infonnation sullicient to form a belief as to the truth of the averments contained in Ihese paragraphs and the same are denied and. therefore. strict proof thereof. if relevant. is demanded. WHEREFORE. Defendant GianI Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice. COIINTI LEONARD P. .IIfMPER. .JR. (individually) v. PALMYRA BOLOGNA COMPANY (Slrict Liability) 31-36. These paragraphs are direcled 10 a Defendant other than the answering Defendanl; therefore. the answering Defendant is nOI required to respond thereto. WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, COIINT II LEONARD P. JIIMPER. .IR. and MELISSA S. JUMPER (as Guardians Ad Litem for their minor child. CHAD L. JUMPER) v. PALMYRA BOLOGNA COMPANY (Strict Liahilily) 37-39. These paragraphs are directed to a Defendanl other than the answering Defendant; therefore. Ihe answering Defendant is not required to respond thereto, WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, COIINT III LEONARD P. JUMPER. .IR. /individually) v. PALMYRA BOLOGNA COMPANY (Misrepresentntion) 40-44. These paragraphs arc directed to a Defendant other than the answering Defendanl; therefore. the answering Defendant is not required to respond thereto. WHEREFORE. Defendant Giant Food Slores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, COUNT IV LEONARD P. .lUMPER. .IR. nnd MELISSA S. .lUMPER (as Guardians Ad Litem for their minor child. CHAD L .lUMPER) v. PALMYRA BOLOGNA COMPANY (Misrepresentation) 45-46. These paragraphs are directed 10 a Defendant other than the answering Defendant; therefore. the answering Defendant is not required to respond thereto, WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice. COUNT V LEONARD P. .lUMPER. .JR. (individually) v. PALMYRA BOLOGNA COMPANY (Breach ofWarrnnty) 47-53. These paragraphs are directed 10 a Defendant other than the answering Defendanl; therefore, the answering Defendant is not required to respond thereto, WHEREFORE, Defendant Giant Food Stores. Inc. demands judgmenl in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, COUNT VI LEONARD P. .J1JMPER. .IR. and MELISSA S. .lUMPER (ns Guardians Ad Litem for their minor child. CHAD L. .HJMPER) v. PALMYRA BOLOGNA COMPANY (Breach ofWnrrnnty) 54-55. These paragraphs are directed to a Defendant other than the answering Defendant; therefore. the answering Defendant is not required to respond thereto. WHEREFORE, Defendant Giant Food Slores, Inc. demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, COIINT VII LEONARD P. ..IIMPER."R. (individually) v. PALMYRA ROLOGNA COMPANY Negligence 56-63. These paragraphs are directed 10 a Defendant other than the answering Defendant; therefore. the answering Defendant is not required to respond thereto. WHEREFORE. Defendant Giant Food Slores, Inc, demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice. COIINT vm LEONARD P. "liMPER. .JR. and MELISSA S. .JIIMPER (as Guardians Ad !.item for their minor child. CHAD L. .JIIMPER) v. PALMYRA BOLOGNA COMPANY Negligence 64-65. These paragraphs are directed 10 a Defendant other than the answering Defendant; therefore, Ihe answering Defendant is not required to respond thereto, WHEREFORE. Defendant Giant Food Stores, Inc, demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint wilh prejudice. COIINT IX LEONARD P. .JIIMPRR. .fR. and MRLlSSA S. .JIIMPRR v. PALMYRA BOLOGNA COMPANY (For Payment of Medical Expenses of Minor Child) 66-69, These paragraphs are directed to a Defendant other than Ihe answering Defendant; therefore. the answering Defendant is not required to respond thereto. WHEREFORE. Defendant Giant Food Stores. Inc, demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, COIINT X LEONARD P. .IlIMPRR. .IR. lindividllally) v. GIANT FOOD STORRS. INC. (Strict Liability) 70. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-69 Oflhis Answer. 71-75. Denied pursuanl to Pa. R.C.P 1029(e), WHEREFORE. Defendant Giant Food Stores. Inc, demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, COUNT XI LEONARD P. JUMPER. .IR. and MELISSA S. .ltJMPER (as Guardians Ad Litem for their minor child. CHAD L. JUMPER\ v. GIANT FOOD STORES. INC. (Strict Liability) 76. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-75 of this Answer. 77-78. Denied pursuant to Pa. R,C,P. 1029(e), WHEREFORE. Defendant Giant Food Stores, Inc, demands judgment in ils favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, COUNT XII LEONARD P. JUMPER. .IR. (individually\ v. GIANT FOOD STORES. INC. (Misrepresentation) 79. Answering Defendant incorporales by reference the averments set forth in paragraphs 1-78 of this Answer. 80-83. Denied pursuant to Pa, R,C,P. 1029(e), WHEREFORE. Defendant Giant Food Stores, Inc. demands judgment in its favor and dismissal oflhe Plaintiffs' Amended Complaint with prejudice, COUNT XIII LEONARD P. ,H1MPER. .IR. and MELISSA S. .mMPER (as Guardians Ad Litem for their minor child. CHAD L. .IlJMPER,) v. GIANT FOOD STORES. INC. (Misrepresentation) 84, Answering Defendanl incorporates by reference the averments set forth in paragraphs 1-83 of this Answer 85, Denied pursuant to Pa. R,C.P. 1029(e), WHEREFORE. Defendant GianI Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint wilh prejudice. COUNT XIV LEONARD P. .ItJMPER. .IR. (individunlly) v. GIANT FOOD STORES. INC. (Brench ofWnrrnnty) 86, Answering Defendant incorporates by reference the averments set forth in paragraphs 1-85 of this Answer. 87-92. Denied pursuant to Pa, R,C.P, 1029(e). WHEREFORE. Defendant Giant Food Stores. Inc. demands judgmenl in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice. COUNT XV LEONARD P. .IIJMPER. .IR. nnd MELISSA S. .IlJMPER (as Guardians Ad Litem for their minor child. CHAD L. .IIJMPER\ v. GIANT FOOD STORES. INC. (Breach of Warranty) 93. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-92 of this Answer. 94, Denied pursuant to Pa. R.C.P 1029(e). WHEREFORE. Defendant Giant Food Stores. Inc, demands judgmenl in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, COUNT XVI LEONARD P. .IlJMPER. .JR. (individually\ v. GIANT FOOD STORES. INC. (Negligence) 95. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-94 this Answer, 96-102. Denied pursuanlto Pa, R,C.P, 1029(e). WHEREFORE. Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal oflhe Plaintiffs' Amended Complaint with prejudice, COUNT XVII LEONARD P. .JlJMPER. JR. and MELISSA S. .I1IMPER (liS Guardians Ad Litem for their minor child. CHAD L. JUMPER.) v. GIANT FOOD STORES. INC. (Negligence) 103. Answering Defendant incorporates by reference the averments set forth in paragraphs 1-102 of this Answer. 104, Denied pursuanlto Pa. R.C.P. 1029(e). WHEREFORE. Defendant Giant Food Stores. Inc, demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, COUNT XVIII LEONARD P. .IIIMPER. .IR. and MELISSA S. .I1IMPER v. GIANT FOOD STORES. INC. (For Payment of Medical Expenses of Minor Child) 105, Answering Defendanl incorporates by reference the averments set forth in paragraphs 1-104 of this Answer. 106-108, Denied pursuant to Pa, R,C.P. 1029(e). WHEREFORE, Defendant Giant Food Stores. Inc. demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, NEW MA TIER 109. Plaintiffs' aClion against answering Defendant is barred by the applicable statute of limitations, 110. Plaintiffs have failed to state the cause of action against answering Defendant upon which relief can be granted, III. The claims against answering Defendant are precluded or barred by Plaintiffs' spoilation of evidence, WHEREFORE. Defendant Giant Food Stores. Inc, demands judgment in its favor and dismissal of the Plaintiffs' Amended Complaint with prejudice, fr; :::" L~ <I, (.~ .f ,- I!~ ( '. ~H. .-' u.: ~. "- -J ~... -, '. a:> C'; -' / Ult~ ~{ ! , j =-J1t, .. '- u.., ~ f'.- :.-') u.. ,..- U 0 C' Th'.)m,l:J A, Fl'l'II.,.b. EllTl LI t' Att(lIney I U. No IJID'. l1"dn F. i'II'I"m,ltt... 1-:,J.ll11 \',' Atlunlt"Y I.O, N.l_ ',I~-I-' IHIOAI1S , SINON LLI' One South M.uket S'Il/,ll'" P.O. [lox 1 1-1" 1I<Hl'itlbur(J. PA 1'1I0H'1Hti 11111 2)], ')" 11 ATTOflNEVS FOR PI.AUITU'FS LEONARD P. JUMPER, JR., individually, and LEONARD P. JUMPER, JR. and MELISSA S. JUMPER as Guardians Ad Litem for their minor child, CHAD L. JUMPER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs NO. 97-512 v. JURY TRIAL DEMANDED PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC., Defendants .. .. .. .. .. .. .. .. .. PLAINTIFFS' ANSWER TO DEFENDANT PALMYRA BOLOGNA COMPANY'S NEW MATTER NOW COME, Plaincif fs, Leonard P. Jumper, Jr. , individually, and Leonard P. Jumper, Jr, and Melissa S. Jumper, as Guardians Ad Litem for their minor child, Chad L. Jumper, by their attorneys, Rhoads & Sinon LLP, and file the within Answer to Defendant Palmyra Bologna Company's New Matter as follows: NEW MATTER 109, Denied pursuant to Pa. R,C.P, 1029(e). 110. Denied pursuant to Pa. R.C.P. 1029(e). ir. t.r. (.: .' ..< ~~ F. , tIC.' ; , ., ) .-, ;.:: H:~: t" <,. r.t. ,.. , UJf-- , ., -' ~~. e :':;'~ _! r.:. ., l ~_ r- ::i 0 O' U 1 IILI ~ J 1.\'.\1111 1 'UM ~ 'l~ ~\I ,^~;:-. '1,1\00 I IU1l'11 n21k~'I"'{11 lllA.M lIe\1.e,1 UlI.l''l'IIInUA.M lllrllll'l LEONARD P. JUMPER. JR,. individually. and LEONARD p, JUMPER. JR, and MELISSA S, JUMPER as Guardians Ad Litem for their minor child. CHAD L. JUMPER Plaintifis IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW v, NO, 1997-0512 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES. INC.. Defendants JUR Y TRIAL OF TWELVE DEMANDED DEFENDANT GIANT FOOD STORES. INC.'~ REPLY TO DEFENDANT PALMYRA BOLOGNA COMPANY'S NEW MAlTER IN THE NATURE OF A CROSS-CLAIM AND NOW. comes the Defendant Giant Food Stores. Inc.. by and through its attorneys. MARTSON. DEARDORFF. WILLIAMS & OTTO. and hereby replies to the new matter pursuant to Pa. R.C.p, 2252(d) of Defendant Palmyra Bologna Company. and responds as follows: 118, Responding Defendant Giant Food Stores. fnc, hereby incorporates by reference its' responses to Paragraphs 1-108 of Plaintiff's Complaint. inclusive, as though the same were fully set forth herein at lenglh, 119, Denied. The allegations contained in Ihis paragraph constitute conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure, The same are. therefore. denied and strict proof thereof. if relevant, is demanded at trial. WHEREFORE. Defendant Giant Food Stores. Inc, hereby demands judgment in its favor and against Defendant Palmyra Bologna Company on its New Matter in the Nature of a Cross-Claim. together with costs of suit. attorney's fees. and other reliefas may be JUS! and reasonable Date' August 27. 1997 ~:RTS~~E&:::Trs & OTTO George B Faller. Jr,. Esquire' C{ I. D Number 49813 W Darren Powell. Esquire I. D. Number 68953 Ten East High Street Carlisle,PA 17013-3093 (717) 243-3341 Attorneys for Defendant Giant Food Stores. Inc. >- e:. '- C': -" 1-: j:' .,' " , , t'; ( , , I '..... ~. J l: -. 1 ,~- I : .- IL C 'I 1'- ..:i. " ,- 'J " CI' {..~) ~ M@~6 TEN f.A\T Hll,tl Sn.ur CAltu\u.l'lNN\Yl\'A:-OIA 17013 APR 2 8 ZOOOtP 'i,;.;' ',,\'" :,;_"._~.'" ..lI"",,;.'t~_b'. ~'- ...,. . ..... I'~'U 1,!'l'il....T....i'1U\IJI~~.. uf~UIII<".& \lr~1 2 \2 LEONARD JUMPER, JR., et al. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, CIVIL ACTION - LAW NO, 97-512 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC.. Defendants JURY TRIAL OF TWELVE DEMANDED DEFENDANT mANT'S MOTION FOR SUMMARY .Jlll)(;MENT AGAINST IlEFENIlANT PALMYRA nOLOC;NA COMPANY Defendant Giant Food Stores, Inc" by and through its attorneys. MARTSON DEARDORFF WILLIAMS & 0110, respectfully moves for entry of summary judgment pursuanlto Pa.R.C.P. 1035.1, el seq" against Defendant Palmyra Bologna Company with respect to Giani's right to indemnity and in support thereof. moves as follows: I. Plaintiff commenced the underlying products liability/negligence action afler contracting salmonella food poisoning allegedly as a result of ingesting contaminated Lebanon bologna manufactured by Palmyra Bologna Company (hereinafter "Palmyra"), and purchased from Giant Food Stores, Inc,. (hereinafter "Giant"), 2. The Complainl alleges stricl products liability, misrepresenlation. breach of warranty. and negligence against both parties. 3, In Response to Giant's Requl~st for !\dmis~ions, Plainliff concedes he has "110 facts olher Ihan the allegations of Palmyra lito indicale that the bologna in question became infected while in the possession or control of Giant! I," See Plaintiffs Response 10 Defendant Giant Food Stores. Inc.'s Requesl for Admissions, February 1,2000, No.1. page 2, attached herelo as Exhibil "A". 4. Plaintiff has not proffered any expert medical leslimony suggesting the bologna became infected as a result of and while in the exclusive possession and control of GianI. 5. Plaintiffs counsel has indicated Ihm the only basis for a claim against Giant is as a seller of a defective product under Section 402A of the Restatement of Torts (Second), (" Plaintiffs liability expert indicales Ihe bologna was infected with Salmonella when it was sold to Giant. Exhibit A Exhibit 8 MOWf;)' ._~ Itil"Unll""'^I""I'^I""~"" APR 2 8 zoorf/J TlNE....n.-llt.ll!'itRfl.T CARU\If. (1rNN\ll.\'ANI" 170lj . , MQ~O APR 2 8 200tP TlN EA\! Jlll,lI SlItll.I CAkll\lL I'INM\WANIA 17013 LEONARD JUMPER, JR., et ai, Plainliff IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 97.512 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC., Defendanls JUR Y TRIAL OF TWELVE DEMANDED ORDER AND NOW, this day of ,2000, upon consideration of Giant Food Slores, Inc,,'s MOlion for Summary Judgment against Palmyra Bologna Company on Giant's claim and right of indemnity against Palmyra, it is hereby ORDERED that summary judgment be granted in favor of Giant and against Palmyra, BY THE COURT, J. I MQW~6 TEN EAST HIGIt STRUT C.UUSLE. I'ENNsnvANIA 17013 APR 2 8 ZOOr/)tJ 1':JIlI\'Jl}"^HII'JJI"~..,.,,f"':I:'""lh 11..1.21: JOSEPH N. PA VELlC, et al. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. %-fifi54 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC.. Defendants JUR Y TRIAL OF TWELVE DEMANDED DEFENDANT mANT'S MOTION FOR SUMMARY .JUlmMENT A(;AINST DEFENDANT PUMYI{A IHlL()(;NA COMPANY Defendant Giant Food Stores, 111\;., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, respectfully moves for entry of summary judgment pursuant to Pa.R.C.P. 1035.1. 1'1 s1'q., against Defendant Palmyra Bologna Company with respect to Giant's right to indemnity and in support thereof, moves as follows: I. Plaintiff commenced the underlying products liability/negligence action after contracting sahnonella food poisoning allegedly as a result of ingesting contaminated Lebanon bologna manufactured by Palmyra Bologna Company (hereinafter "Palmyra"), and purchased from Giant Food Stores, Inc., (hereinafter "Giant"). 2. The Complaint alleges strict products liability, misrepresentation, breach of warranty, and negligence against both parties. 3. In Response to Giant's Request for Admissions, Plaintiff concedes he has "no facts other than the allegations ofPahnyra lito indicate that the bologna in question became infected while in the possession or control of Giant I I." See Plaintiffs Response to Defendant Giant Food Stores, Inc. 's Request for Admissions, February 1,2000, No. I, page 2, attached hereto as Exhibit "A". 4. Plaintiff has not proffered any expert medical testimony suggesting the bologna became infected as a result of and while in the exclusive possession and control of Giant. 5. Plaintiffs counsel has indicated that the only basis for a claim against Giant is as a seller ofa defective product under Section 402A of the Restatement of Torts (Second). fi. Plaintiffs liability expert indicates the bologna was infected with Sahnonella when it was sold to Giant. Exhibit A Exhibit 8 MDW~6 I"'H"UII~"""IM,...\I...;jI':;-t APR ~ 8 ZOOf(/ TlN F.A\T HIt-II STRUT CAlU.I\lE. flENN\'t'lVASIA 17013 -"""-'~"." ,,' ~,,,.._,,.'.~"..,,,,.:~,, .' ".,,.;.;;,.__ '':'<>'_ .'" ,-"^'~'",."' ._i",...._.,.,.... ,,,.._.~-,'~'-'-"'- flQW&O APR ~ tS ZOOrJ/J Tn..; l'~\l }111;1I Srp.u:l CAlUHlf.II[NNWl\'ANIA 17013 !O ... " C( ~ c -< ~Q: < # '" < i~i ~ - " cl <( i ::E .!. .i t ~ o o'/l ~ ..I V~ l~ tlJo ~eu~ .< u_ "tlJl:Io ~OVl!:: u.;Z~< lriO::2c. U~..U tlflrlQ- 8~tlJ~ o~88 '" o " - ~ ~ z ii ~ ~ ~ '" ~ = l ~ i. :tc:: ~ Z z :; ~U , . M:QW&C5 TEN EAST" HILOIt STREET CARusLE.l'ENN!.Yl\'ANIA 17013 APR 2 8 200lJl!t1 I'~JII.I'N l^ r^l-ll.l~J.Jll,I,.. 'II~ '~.1I~...7 ....HZIZ DENNIS J. ALBERT, et al. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. %-5766 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC., Defendants JURY TRIAL OF TWELVE DEMANDED DEFENDANT mANT'S MOTION FOR SUMMARY .IUDI;MENT A(;AINST DEJ.'ENDANT PALMYRA I\OLOGNA COMPANY Defendant Giant Food Stores, Inc.. by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, respectfully moves for entry of summary judgment pursuant to Pa.R.C.P. 1035,1. 1'1 s1'q., against Defendant Palmyra Bologna Company with respect to Giant's right to indemnity and in support thereof, moves as follows: I. Plaintiff commenced the underlying products liability/negligence action after contracting salmonella food poisoning allegedly as a result of ingesting contaminated Lebanon bologna manufactured by Palmyra Bologna Company (hereinafter "Palmyra"), and purchased from Giant Food Stores, Inc., (hereinafter "Giant"). 2. The Complaint alleges strict products liahility, misrepresentation, breach of war runty, and negligence against both parties. 3. In Response to Giant's Request for Admissions, Plaintiff concedes he has "no facts other than the allegations ofPahnyra lito indicate that the bologna in question became infected while in the possession or control of Giant I I." See Plaintiffs Response to Defendant Giant Food Stores, Inc.'s Request for Admissions, February 1,2000, No. I. page 2, attached hereto as Exhibit "A". 4. Plaintiff has not proffered any expert medical testimony suggesting the bologna became infected as a result of and while in the exclusive possession and control of Giant. 5. Plaintiffs counsel has indicated that the only basis for a claim against Giant is as a seller of a defective product under Section 402A of the Restatement of Torts (Second). 6. Plaintiffs liability expert indicates the bologna was infected with Salmonella when it W,IS sold to Giant. Exhibit A Exhibit 8 . , ~&O IlPR 2 8 2001tJt' TEN E.A~T HILII Sn.U.T CAJU.I~LE.l'ENN~Yl\'ANI" 17013 . , MQW&:6 'APR 2 8100t#J TEN EAn HIt,1t STREET CAwsu. PENNSYlVANIA 17013 III ~~c it ~ '" g o < ~Q~ ~ ~ ;~~ o 0 '" s ;;; ~ < 0 ::E 1 i\ t~ ~. o ~ o'/l Vl ~ v~ .~~ UJO .~ ..: ... '": tl~ tt.Lll:lo :;aOVl!:; u..z~< lrio::2c. t.l en ... oj tlfl~ lQ-;;; "'<t.Ll:::l ~~88 '" o " '" ~ ~7. " ~ ~~ . 5 Z _ 7. :to:: ~~ 7. " ~u MRW~6 TEN EAn' Hllal STRUT DRU~LE.l'rNN~n\'ASIA 17013 APR 2 8 200r(P i'~J lIJ~'J IA'IAIl! J'lJJU,..... ,'Il"~ '~.III.".',l \lW1'~ KIM SUE LENKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACI'ION. LAW NO. 1)(1-5763 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC.. Defendants JUR Y TRIAL OF TWELVE DEMANDED DEFENDANT mANT'S MOTION FOR SIIMMARY .JUJ)(;MENT A(;AINST DEFENDANT PALMYRA IUlL()(;NA COMPANY Defendant Giant Food Stores, Inc., by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, respectfully moves for entry of summary judgment pursuant to Pa.R.C.P. 1035.1. 1'1 .I'('q., against Defendant Palmyra Bologna Company with respect to Giant's right to indemnity and in support thereof, moves as follows: I. Plaintiff commenced the underlying products liability/negligence action after contracting salmonella food poisoning allegedly as a result of ingesting contaminated Lebanon bologna manufactured by Palmyra Bologna Company (hereinafter "Palmyra"), and purchased from Giant Food Stores, Inc., (hereinafter "Giant"). 2. The Complaint alleges strict products liability, misrepresentation, breach of warranty, and negligence against both parties. 3. In Response to Giant's Request for Admissions, Plaintiff concedes he has "no facts other than the allegations of Palmyra lito indicate that the bologna in question became infected while in the possession or control of Giant I I." See Plaintiffs Response to Defendant Giant Food Stores, Inc. 's Request for Admissions, February 1,2000, No. I. page 2, attached hereto as Exhibit "A". 4. Plaintiff has not proffered any expert medical testimony suggesting the bologna became infected as a result of and while :1 the exclusive possession and control of Giant. 5. Plaintiffs counsel has indicated that the only basis for a claim against Giant is as a seller of a defective product under Section 402A of the Restatement of Torts (Second). 6. Plaintiffs liability expert indicates the bologna was infected with Sahnonella when it was sold to Giant. 7. Defendant Palmyra has not proffered any evidence or expert medical testimony suggesting the bologna became infected as a result of and while in the exclusive possession and control of Giant. See Defendant Palmyra Bologna Company's Answers to Defendant Giant Food Stores, Inc. 's Request for Admissions, January II), 21100, No. I, pages 2-3, attached hereto as Exhibit "BU, ll. Absent any evidence demonstrating Giant partially or solely contributed to the contamination of Palmyra's bologna, Giant is entitled to indemnity from Palmyra for any and all damages incurred as a result of the defect. See, liel/('mlly, Mixter v. Mack Trucks. Inc., 224 Pa. Super. 313, 3011 A.2d 139 (11)73). 9. The pleadings, depositions, answers to interrogatories and admissions demonstrate there is no genuine issue of any material fact as to a necessary clement of Giant's right of indemnity against Palmyra that could be established by additional discovery or expert report. See Pa.R.C.P. 1035.2 WHEREFORE, Defendant Giant Food Stores, Inc" respectfully request this Court to enter summary judgment in its favor and against Defendant Palmyra Bologna Company with respect to Giant's claim for indemnity. MARTSON DEARDORFF WILLIAMS & OTTO ~. SJ:u By "~ iD l. George B. Faller, Jr., Esquire 1.0. No. 491113 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Giant Food Stores, Inc. Date: April .!1s, 2000 t . o ./ Exhibit A Thomas A. French, Esquire AlIomey 1.0. No. 39305 RIlOADS & SINON l.LI' One South Markel Square I'. O. !lox 1146 Ilarrisburg,l'A 17108-1146 (717)233.5731 AlIomeys for I'lainlilTs JOSEPH N. PA VELlC, Individually and as Administratorofthe ESTATE OF PATRICIAA.PAVELlC, PlaintilT : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC., Defendants : NO. 96-6654 : JURY TRIAL DEMANDED ................................................... PLAINTIFF'S RESPONSE TO DEFENDANT GIANT FOOD STORES, INC.'S REOUEST FOR ADMISSIONS NOW COMES, Plaintiff, Joseph N. Pavclic, Individually and as Administrator of the Estate of Patricia A. I'avclic, by his attorneys, Rhoads & Sinon LLP, and responds to (jiant Food Storcs, Inc. 's Request for Admissiollsas follows: I. You have no facts available or information indicating that the Bologna in question allegedly became infected with s.llrnonella while in the possession or control of Defendant Giant Food Storcs,lnc. Exhibit "A" J~H""1 Exhibit 8 IlENNIS AI.BERT. el. al. Pia 11111 1'1' : IN TilE ('OIIRT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. PAL~IYRA BOLOGNA COi\IPANY amI GIANT FOOIl STORES. INC.. Defendants :CIVIL ACTION -- LAW : NO: 1)6-576(, ......................................................................... : JLJR Y TRIAL OF TWELVE DEMANDED MARIAN CASSEl.. el. al. PlaintllT : IN TilE COURT OF COMMUN PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA Y. PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES. INC., Defendants :CIVIL ACTION - LAW : NO: 96-5762 ......................................................................... : JURY TRIAL OF TWEL VE DEMANDED KIM SUE LENKER. el. al. Plall1l1lT : IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA Y. PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES. INC.. Defendants :CIVIL ACTION - LAW : NO: %-5763 ......................................................................... : JUR Y TRIAL OF TWEL VE DEMANDED nEFENIlANT, PALI\1YRA BOLOGNA COl\lPANY'S ANSWERS TO nEFENnANT. GIANT FOOl) STORES, INc.'S REOUEST FOR AI)I\I1SSIONS TO l'ALI\1YIU BOLOGNA COl\lPANY I. You have no lilels available or inronnatiolJ inuicaling lhatllle Bologna in queslion allegcdly hecame inlccled with salmonella whilc in the posscssion or control or the Defendant, Giant Food Stores, Inc. OBJECTION. Request Illr Admission Numher One (I) assumes that the hologna in question became inlccleu wilh salmondla. This request is also a conclusion of law and presents a genuine issue IlJr trial as well as being overly broau. burdensomc anu outside thc scope of Ihe Pcnnsylvania Rules of Civi IProccuure. Mf.?w~6 'APR 2 8 2001J1t TEN F.AH Hllill SnUT CARliSlE, PENNSYlVANIA 17013 .'. . .. M~~6 'APR 2 8 zoor/t) TEN F.A!loT HI(;1I SUJH CAIt.U~lE.I)['NN\Yl\'ANIA 17013 MQW~6 ,APR .e 8 zoml:P TlN EA\T !-IlI.11 Sunr CAlU.m.E. ('F.NNHWANIA 17013 ":\I'IU:\'JIA 'A'II.1'\lJI~h ,'14~ 1211~~,1l .....,ll! MARIAN CASSEL, Plaintiff IN TI-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. %-571i2 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC., Defendants JURY TRIAL OF TWELVE DEMANDED DEFENDANT mANT'S MOTION FOR SUMMARY .JUm;MENT A(;AINST DEFENDANT PALMYRA IWL()(;NA COMPANY Defendant Giant Food Stores, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, respectfully moves for entry of summary judgment pursuant to Pa.R.C.P, 1035.1. ('1 .l'eq., against Defendant Palmyra Bologna Company with respect to Giant's right to indemnity and in support thereof, moves as follows: I. Plaintiff commenced the underlying products liability/negligence action after contracting sahnonella food poisoning allegedly as a result of ingesting contaminated Lebanon bologna manufactured by Palmyra Bologna Company (hereinafter "Palmyra"), and purchased from Giant Food Stores, Inc., (hereinafter "Giant"). 2. The Complaint alleges strict products liability, misrepresentation, breach ofwarranty, and negligence against both parties. 3. In Response to Giant's Request for Admissions, Plaintiff concedes he has "no facts other than the allegations of Palmyra lito indicate that the bologna in question became infected while in the possession or control of Giant I I." See Plaintiffs Response to Defendant Giant Food Stores, Inc. 's Request for Admissions, February 1,2000, No. I, page 2, attached hereto as Exhibit "A". 4. Plaintiff has not proffered any expert medical testimony suggesting the bologna became infected as a result of and while in the exclusive possession and control of Giant. 5. Plaintiffs counsel has indicated that the only basis for a claim against GianI is as a seller ofa defective product under Section402A of the Restatement of Torts (Second). Ii. Plaintiffs liability expert indicates the bologna was infected with Salmonella when it was sold to Giant. Exhibit 8 APR 2 8 200ftIJ MARIAN CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC., Defendants CIVIL ACTION - LAW NO. %-57(\2 JUR Y TRIAL OF lWEL VE DEMANDED ORnER AND NOW, this day of ,2000, upon consideration of Giant Food Stores, Inc., 's Motion for Summary Judgment against Palmyra Bologna Company on Giant's claim and right of indemnity against Palmyra, it is hereby ORDERED that SUmmary jUdgment be granted in favor of Giant and against Palmyra. BY THE COURT, J, . . MD\W&6 INl'''M~'''lN.^ll''.''1 .AI",,,,_"l A~R a 8 zoorJ!jJ TEN f.A'iT HI(;H Srp-t-U CAPJ.lSLE.lJf.NN~VL\'^NI^ 17013 MDW~6 INII".IAll"",l{.."",.AI""'''''''' APR 2 8 zorxIP . I TEN F.A')T HII;H STRl:tT CARLISU. ["ENNWlvANIA 17013 '."'."_-~-"'''_''''",;4:'i."~;~~~~io.",,,;';'!O..6.:l.~-~:io&~''mf''~ -MOW&o IN1""'l\lhl~'AII\.ll""1""""ll TEN un Htt.1l STRUT WA.U~lE. PENNmvANIA 17013 APR ~ Ii ZOOQ6t7 1^J.ll.I'~\lI^ 'A"IU'\l.Jn,""''''',1'~ Ill'" I ".~U\1 CARRIE L. WALLACE, et al. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. %.5761 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC.. Defendants JURY TRIAL OF TWELVE DEMANDED DEFENDANT GIANT'S MOTION FOR SUMMARY .JUm;MENT A(;AINST DEFENnANT PALMYRA UOLO(;NA COMPANY Defendant Giant Food Stores. Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, respectfully moves for entry of summary judgment pursuant to Pa.R.C.P. 1035.1, cl .Icq., against Defendant Palmyra Bologna Company with respect to Giant's right to indemnity and in support thereof, moves as follows: I. Plaintiff commenced the underlying products liability/negligence action after contracting salmonella food poisoning allegedly as a result of ingesting contaminated Lebanon bologna manufactured by Palmyra Bologna Company (hereinafter "Palmyra"), and purchased from Giant Food Stores, Inc.. (hereinafter "Giant"). 2. The Complaint alleges strict products liabililY, misrepresentation, breach of warranty, and negligence against both parties. 3. In Response to Giant's Request for Admissions. Plaintiff concedes he has "no facts other than the allegations of Palmyra lito indicate that the bologna in question became infected while in the possession or control of Giant I I." See Plaintiffs Response to Defendant Giant Food Stores, Inc.'s Request for Admissions, February I, 2000, No. I, page 2, attached hereto as Exhibit "A". 4. Plaintiff has not proffered any expert medical testimony suggesting the bologna became infected as a result of and while in the exclusive possession and control of Giant. 5. Plaintiffs counsel has indicated that the only basis for a claim against Giant is as a seller of a defective product under Section 402A of the Restatement of Torts (Second). 6. Plaintiffs liability expert indicates the bologna was infected with Salmonella when it was sold to Giant. Exhibit A Exhibit 8 MQW&6 APR 2 8 ZOOO/P TEN EAn HI(,II STREET CARlIRE, PENNSYlVANIA 17013 ,MRW&:6 APR 2 8 ZOOQ tJ TEN EAn Hll;ll STRU::T CARU\LE. PlNNSYlVANtA 17013 M5W~6 1",nUI.l1l1N.Al"'l<I.Al""'t'A<Y Tf.N F..As;' HII;1l SnEEr CARUSU, ('[NNsn\'ANIA 17013 APR 28 2.00ntIJ . ":'J'lU~~'\JI^T"'-I1.1"1l.ll"lo... .u~I!'lI">l\ IIUl.211 BRYAN J. SMITH.. et al. Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. %-576l1 PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC.. Defendants JUR Y TRIAL OF TWEL VE DEMANDED DEI<'ENDANT GIANT'S MOTION FOR SUMMARY .JUm;MENT A(;AINST DEFENnANT PALMYRA IUlLO(;NA COMPANY Defendant Giant Food Stores, Inc.. by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, respectfully moves for entry of summary judgment pursuant to Pa.R.C.P. 1035.1, cl .Icq., against Defendant Palmyra Bologna Company with respect to Giant's right to indemnity and in support thereof, moves as follows: I. Plaintiff commenced the underlying products liability/negligence action after contracting salmonella food poisoning allegedly as a result of ingesting contaminated Lebanon bologna manufactured by Palmyra Bologna Company (hereinafter "Palmyra"), and purchased from Giant Food Stores, Inc., (hereinafter "Giant"). 2. The Complaint alleges strict products liability, misrepresentation. breach of warranty, and negligence against both parties. 3. In Response to Giant's Request for Admissions, Plaintiff concedes he has "no facts other than the allegations of Palmyra lito indicate that the bologna in question became infected while in the possession or control of Giant I I." See Plaintiffs Response to Defendant Giant Food Stores, Inc. 's Request for Admissions, February 1,2000, No. I, page 2, attached hereto as Exhibit "A". 4. Plaintiff has not proffered any expert medical testimony suggesting the bologna became infected as a result of and while in the exclusive possession and control of Giant. 5. Plaintiffs counsel has indicated that the only basis for a claim against Giant is as a seller of a defective product under Section 402A of the Restatement of Torts (Second). 6. Plaintiffs liability expert indicates the bologna was infected with Salmonella when it was sold to Giant. Exhibit 8 IMRW~6 APR 2 828fjJ Tp-l EAn Hlt;1f STRUT CARWLE. I'LNNWLVANIA 1701.1 BRY AN J. SMITH, et al. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. lJ6-S7(j() PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC., Defendants JUR Y TRIAL OF TWEL VE DEMANDED ORDER AND NOW, this day of , 2000, upon consideration of Giant Food Stores, Inc., 's Motic'1 for Summary Judgment against Palmyra Bologna Company on Giant's c1ainn and right of indemnity against Palmyra, it is hereby ORDERED that summary judgment be granted in favor of Giant and against Palmyra. BY THE COURT, J. . M!?W&:6 APR Z s1flij . TEN EAST HII;tt STRf.U CARWLE.I'[NN\YLVANIA 17013 '~-' . -.-.,' C.-'!. ':~-f':".':_''''N'''''..'-':'''~.'~--'-._-'- MDW&O hdl"~Ulll~.AIM" .AIM...u1 '. Tu.. EA..t 111(,11 STRHT CAP.USlE, JlrNN\Yl\'ANIA 17013 APR 28 200rJfJ NORA E. McMILLAN, el ul. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J r , ;ti , '. v. CIVIL ACTION - LAW NO. <)(,.575<) PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC.. Defendants JURY TRIAL OF TWELVE DEMANDED ORDER AND NOW, this day of , 20ll0, upon consideration of Giant Food Stores, Inc., 's Motion for Summary Judgment against Palmyra Bologna Company on Giant's claim and right of indemnity against Palmyra, it is hereby ORDERED that summary judgment be granted in favor of Giant and against Palmyra. BY THE COURT, J. I.~HU"N I^TMIU'J~I"I,,, _.u~ 1211I..1.2 '-W,!I! NORA E. McMILLAN, ct al. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW NO. %-5751) PALMYRA BOLOGNA COMPANY and GIANT FOOD STORES, INC., Defendants JURY TRIAL OF TWELVE DEMANDED DEFENDANT mANT'S MOTION FOR SUMMARY .JUDC;MENT A(;AINST DEFENDANT PALMYRA UOLO(;NA COMPANY Defendant Giant Food Stores, Inc.. by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, respectfully moves for entry of summary judgment pursuant to Pa.R.C.P. 1035.1, cl .I'cq., against Defendant Palmyra Bologna Company with respect to Giant's right to indemnity and in support thereof, moves as follows: I. Plaintiff commenced the underlying products liability/negligence action after contracting salmonella food poisoning allegedly as a result of ingesting contaminated Lebanon bologna manufactured by Palmyra Bologna Company (hereinafter "Palmyra"), and purchased from Giant Food Stores, Inc.. (hereinafter "Giant"). 2. The Complaint alleges strict products liability, misrepresentation, breach of warranty, and negligence against both parties. 3. In Response to Giant's Request for Admissions, Plaintiff concedes he has "no facts other than the allegations of Palmyra lito indicate that the bologna in question became infected while in the possession or control of Giant I I." See Plaintiffs Response to Defendant Giant Food Stores, Inc.'s Request for Admissions. February 1,2000, No. I, page 2, attached hereto as Exhibit "A". 4. Plaintiff has not proffered any expert mcdical testimony suggesting the bologna became infected as a result of and while in the exclusive possession and control of Giant. S. Plaintiffs counsel has indicated that the only basis for a claim against Giant is as a seller of a defective product under Section 402A of the Restatement of Torts (Second). 6. Plaintiffs liability expert indicates thc bologna was infected with Salmonella when it was sold to Giant. Exhibit A Exhibit B Withuut waiving said uhjectionlhe rcqucst is dcnicd as slatcd. Upun inlonnation and helicf it is denied that Plaintiffs wcrc injurcd hy Palmyra Bologna products. Furthennore it is denied lhat the Palmyra bologna in question was infectcd with sahnonella when it len the possession and control of Defcnd.mt, Palmyra Bologna Company. By way of further responsc, if Plaintiffs' provc that the bologna in question was infected with salmonella than any contamination must have occurred outside of the control and cuslody of Defendant, Palmyra Bologna Company. Defendant reserves the right to supplcment this answer. See discovery to date. THE POWELL LA W GROUP 18201 DATE: /- 17-00 ~ = ~ 00 eN 0: 0- c:z: \~ '" ;; ~ ~~l ..< ;jZ , .< ..~ J..,. .0" ::: ~. \~i :!7. :t- o. ..' ':I ~ ~~ < '"~ :1. \=0 III ~~G ... ~ ... 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