Judge Rejects Spoiled Turkey Claim In Products Liability Suit

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A woman who claimed that spoiled turkey wings she purchased at a Price Rite supermarket made her sick has lost her lawsuit, as a judge concluded that she failed to provide evidence that her illness was due to food poisoning. Attorney says Superior Court Judge Nina Elgo’s ruling broke new ground in Connecticut on the issue of expert testimony in a food-oriented product liability case.

Denise Jefferson sued Price Rite, Wakefern Food Corp., and Cargill Meat Solutions Corp. in Superior Court in Hartford in 2012. In a seven-page decision issued in late February, Elgo granted the defendants’ motion for summary judgment, concluding that the evidence pointed to Jefferson becoming ill due to viral gastroenteritis, commonly referred to as the “stomach flu,” rather than from food poisoning.

“In this case, the plaintiff has offered no expert evidence to support her claim that her symptoms were caused by food poisoning, and what medical evidence exists contradicts her claims,” Elgo wrote. “This court concludes that the failure to present expert medical testimony on the issue of causation is fatal to the plaintiff’s claims.”

In the defendants’ motions for summary judgment, they asserted Jefferson failed to produce an expert to establish causation. Instead, they noted they had a witness who could testify to Jefferson having viral gastroenteritis. “We are pleased with the court’s decision, especially since it is a case of first impression in Connecticut state court on the issue of whether expert testimony is needed to prove causation in a food poisoning case,” said the defendant’s attorney.

They had argued that Jefferson’s medical records did not attribute her illness and injuries to her consumption of poultry, and she hadn’t identified a medical or scientific expert to trace her illness to the turkey wings.

Jefferson bought turkey wings from a Price Rite store in Windsor, then consumed them on Dec. 8, 2010. She went to St. Francis Hospital and Medical Center in Hartford the next day, after she began feeling sick and suffered from diarrhea. On Dec. 11, she continued to feel ill, lost consciousness and fell to the ground, sustaining injuries in the fall, court documents show.

“The plaintiff came to believe, after the fact, that the turkey wings were spoiled based on how they smelled although she did not believe they were spoiled at the time that she ate the food,” Elgo wrote.

According to Elgo, for Jefferson to prevail under the Connecticut Product Liability Act, she had to prove the product was in a defective condition, it was unreasonably dangerous to the consumer or user, and the defect caused the injury. “Ultimately, the plaintiff’s case amounts to evidence that she and her son ate turkey wings which she claimed smelled spoiled, something she concluded after the fact since she did not believe they were spoiled when she and her son consumed the turkey,” Elgo wrote.

The judge noted Jefferson does not dispute evidence that the treating emergency room physician diagnosed her with viral gastroenteritis.

According to Elgo, a defense expert, Dr. Andrew Bedford, a board-certified gastroenterologist, confirmed that diagnosis after reviewing Jefferson’s medical records. “Dr. Bedford’s opinion was consistent with the diagnosis of the emergency room physician, observing that her food intolerance was a function of the gastroenteritis,” Elgo wrote.

Jefferson had asserted that an emergency room physician told her she had food poisoning, which Elgo determined to be hearsay and inadmissible.

Jefferson also claimed she purchased turkey thighs from a different Price Rite, in Wethersfield, on Feb. 11, 2011, and returned them because they smelled spoiled. She provided a receipt which is signed by a store manager acknowledging the meat was spoiled, according to the decision.

“There is no evidence which establishes that the manager was authorized to make statements on behalf of any of the defendants, especially here where the manager is not even identified by name,” Elgo wrote. “Without more, this court cannot find that the evidence of spoiled turkey thighs purchased in another store in Wethersfield nearly two months later is relevant as to whether the turkey wings purchased in Windsor were spoiled and caused the plaintiff’s injuries.”

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: CT Law Tribune