First salmonella suit filed
By Bill Scanlon, Rocky Mountain News (Contact)
Published August 1, 2008 at 11:07 a.m.
Updated August 1, 2008 at 9:43 p.m.
The man in Cortez sickened by a salmonella-contaminated jalapeno pepper has filed suit against Wal-Mart and an unknown supplier, apparently the first lawsuit to arise from the outbreak that has sickened more than 1,300 people.
Famed food-borne-illness attorney William Marler of Seattle filed the suit Friday in Montezuma County District Court on behalf of Brian Grubbs. The suit says the Grubbs family purchased raw jalapeno peppers from the Wal-Mart Supercenter in Cortez in late June and that Grubbs ate them over the next week.
Post your comment
Registration is required. Click here to create your free user account, or login below.
Comments are the sole responsibility of the person posting them. You agree not to post comments that are off topic, defamatory, obscene, abusive, threatening or an invasion of privacy. Violators may be banned. Click here for our full user agreement.
Featured
-
Legislature Blog
Read live updates from the opening of the 2009 legislative session.
-
Rocky multimedia
The news comes alive in our videos and slide shows. Catch up on what's happening today.
-
Who's next?
Complete coverage of the Broncos' search for a new coach.
-
Rocky year in photos
View an audio slide show of staff selections from 2008.
-
Winter Escapes
Your insider’s guide to the copious joys of the coolest season.
-
Sam Adams' Open Mic
Open Mic: Two-man advantage with Avs
-
Shanahan's career
See photos from Mike Shanahan's career as Broncos coach.
-
12 days of Drew
Look back at the year that has been with Drew Litton.
-
A dream fulfilled
A Rocky Mountain News and MediaStorm production
August 1, 2008
11:38 a.m.
Suggest removal
sheepherder writes:
A Lawsuit? Please....plant your own garden and harvest your own food then...geeze!
August 1, 2008
11:51 a.m.
Suggest removal
nonayerbsns writes:
"Consumers believe that retailers like Wal-Mart know the quality and safety of products they sell," Marler said. "Retailers benefit from that trust, and must be held accountable for the products they sell."
I find myself agreeing wholeheartedly here. Normally, I don't like the lawsuit-happy, but this is a case wherein Wally~World most definitely benefited by the trust of the people and has let them down. If Wally~World had only provided American grown foods, this likely wouldn't have happened. As it is Wally~world INSISTS on selling products NOT made (or, in this case, grown) in America. Serves them right for facing a lawsuit.
August 1, 2008
12:28 p.m.
Suggest removal
fishtanksamurai writes:
Agreed, sue the farm and the processing plant the product came from. Mexican farms/companies (and the Chinese too for that matter) need to be held accountable for their lack of oversite. Cheaper labor indeed.
August 1, 2008
1:24 p.m.
Suggest removal
pj48b writes:
Did anyone make sure the victim is here legally? Walmart is a big store and easy prey for greedy lawyers. Illegals have no right to sue anyone in the US. Go home and eat Mexican peppers.
August 1, 2008
1:24 p.m.
Suggest removal
rg52 writes:
I suspect there was an 'ambulance chaser' at work here. The lawyer will probably take a huge chunk of any money the client receives. I don't think there will be enough proof that Wal-Mart was responsible in any way in this case.
August 1, 2008
2:12 p.m.
Suggest removal
max12 writes:
I just barked my knuckles working on my truck brakes. I'm sueing Craftsman tools, Ford Motor Company, Checker Auto, and McDonalds because i just remembered I ate2 Big Macs a couple of days ago too and I think I've gained a pound or two. Any good lawyers want my case?
August 1, 2008
2:16 p.m.
Suggest removal
Brockage writes:
You're suing the wrong people - the innocent. If you insist on suing, sue the Mexican producer who allowed his fields to be contaminated by waste.
August 1, 2008
2:19 p.m.
Suggest removal
Scott writes:
UNLEASH THE PROSTITUTES (lawyers).
I hate to tell Grubbs, but my momma taught me to always wash fresh fruit and vegetables before eating them. Also, what does Wal-Mart have to do with how the farmer handled his crop? Oh that's right, the prostitute knows that it can get more money out of Wal-Mart than it will ever get out of the farmer.
Maybe Wal-Mart should counter sue Grubbs, and its prostitute, for stupidity, i.e. they should know that you need to wash fresh fruit and vegetables before you eat them.
Scott
August 1, 2008
2:28 p.m.
Suggest removal
FlyfishDude52 writes:
Can anyone tell me the last time they heard of fresh produce causing salmonella? OK. Me, too. Never. Never. Never. How is it that now it happens? How long have we imported jalapenos? Is it caused by handling, storage, shipping? What?
These are sincere questions, I really don't get the cause.
August 1, 2008
2:51 p.m.
Suggest removal
MountainMan writes:
The Mexican grower is included in the lawsuit. Wal-Mart refuses to identify who the grower is, so the grower is not listed by name (yet). Furthermore, Wal-Mart gets named in this lawsuit because Colorado statute provides that a retailer (i.e. Wal-Mart) is responsible if it sells a defective product (i.e. poisoned vegetables) that ultimately comes from out of the country. Here, most likely the Mexican grower is completely insulated and cannot be held responsible. Wal-Mart is responsible, because it was (knowingly) selling a dangerous product that came out of a filthy field in Mexico.
In case you don't understand how Salmonella gets into produce, it is NOT on the outside of the vegetable. The vegetable is grown in human feces. The salmonella bacteria gets into the vegetable through the root system. The inside of the vegetable actually contains salmonella. So, you can't wash it off - it is part of the vegetable.
Finally, the lawyers always charge a contingency fee of 1/3. That means the victim keeps about 70% of whatever Wal-Mart pays, which is not very much. The lawyers take all the risk, and pay thousands of dollars out of their own pockets to pursue cases like this. Why do you call them "greedy"?
Lawsuits like this are absolutely necessary to keep corporations like Wal-Mart from recklessly selling dangerous products. Wal-Mart, like many large corporations, is notorious for refusing to accept responsibility when it injures people. The government clearly cannot or will not provide the safety. Lawsuits are the only real way to keep people safe.
August 1, 2008
3 p.m.
Suggest removal
Ringmaster writes:
If he has the receipts and the doctor's report - he's got a pretty good case. No doubt this will quietly be settled out of court ASAP.
All stores (Walmart, King Soopers, etc.) should be required to state the county of origin on the produce like Whole Foods does. The buyer should know where the produce comes from.
MountainMan is right. As much as I am against frivolous lawsuits, this one is justified and hitting these guys in the wallet is the only way to clean it up.
August 1, 2008
3:02 p.m.
Suggest removal
Scott writes:
I stand corrected, washing the produce would not have done a darn bit of good.
However, how can the retailer be held accountable for what their supplier does? Especially in this case, because the only way to know that the Mexican farmer was using poo water on his crops would have been to have someone on site. Oh that's right, it is easier for the prostitute to file the lawsuit against the retailer instead of going after the supplier. Gotch ya!
Scott
August 1, 2008
4:10 p.m.
Suggest removal
Macita183 writes:
I got really bad food poisoning up at Blackhawk last year. Can I sue them for all the money I lost up there?
August 1, 2008
4:13 p.m.
Suggest removal
hoodedbeagle writes:
Why are we getting these from Mexico. I thought they we're all over here picking this stuff from our fields?
August 2, 2008
9:19 a.m.
Suggest removal
Jackieg218 writes:
huffdiver writes:
Hire the "Strong Arm" Frank Azar, he knows a LOT about food!
Didnt he also win a recent settlement from walmart for making people work off the clock?
September 5, 2008
10:18 p.m.
Suggest removal
madmilker writes:
People in America need to realize jus what got America in this shape..."cheap" yes so-call cheap items from a foreign land and now the largest company in America wants to make everything "green" but at the same time they put 95% made in China in their stores in China and support Chinese export...don't take my word...its on their China web page quote*Wal-Mart firmly believes in local procurement. We recognize that by purchasing quality products, we can generate more job opportunities, support local manufacturing and boost economic development. Over 95% of the merchandise in our stores in China is sourced locally. We have established partnerships with nearly 20,000 suppliers in China. *end quote! Now! if there be 182 country's making items for the world to buy and they have only 5% of the pie in China...duh! This company makes the nice people of China support their currency(yuan) by keeping it in their country working for the people there.... but with the "yuan" going up in value and the US dollar going down...all the foreign items that the American consumer buys thinking it is cheap has went up in price. People...its all about the currency and to keep a currency strong you got to keep it floating around the country you live in so it can work for you. For the past 12 years all them US dollars are being shipped overseas to a foreign bank and with the American worker not making anything for the foreigner to buy the "we the people" have to turn to the "second" largest employer in America(Uncle Sam) to sell "we the people" debt in order to get all them dollars back! 50 years ago a foreigner would had given their left nut for a US dollar or a Hershey's chocolate bar and today the same foreigner has got Uncle Sam and the American consumer by both all the while Hershey is moving the chocolate factory to Mexico. Wakeup! America and think "MADE IN AMERICA."