Dennis Gale, The Associated Press | Posted: Monday, May 28, 2007 11:00 pm
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SIOUX FALLS - South Dakota was among states reporting
salmonella that was linked to peanut butter this past winter. Now,
two South Dakotans have sued ConAgra Foods Inc. over the
outbreak.
The outbreak sickened at least 425 people in 44 states were
sickened. ConAgra removed its Peter Pan peanut butter from stores
in mid-February.
Separate, nearly identical lawsuits have been filed in U.S.
District Court in Sioux Falls by Jeff Garry of Minnehaha County and
Mathew Wise of Spink County.
The lawsuits claim both men were "seriously injured" when they
ate peanut butter infected with salmonella. The time frame for
Garry was "about January and February 2007," while the Wise lawsuit
limits it to January.
The complaints say ConAgra Foods did not warn consumers; nor
did it withdraw the peanut butter fast enough after learning of the
poisoning.
According to the lawsuits, the men "experienced great pain,
discomfort and mental anguish" and incurred medical expenses for
treatment.
Five people ages 16 to 56 became ill in South Dakota but none
required hospitalization, the state Health Department said in
mid-February.
After a nearly two-month investigation, the Omaha, Neb.,
company determined that moisture from a leaky roof and a faulty
sprinkler helped salmonella grow and contaminate peanut butter at
its Georgia plant last year.
The Peter Pan brand will return to stores in July, the company
has said.
ConAgra has filed its answers to the South Dakota lawsuits.
The company denied most of the allegations in the complaints and
called for "strict proof" that the men were injured to the extent
that they claimed.
The lawsuits from Garry and Wise ask for unspecified
compensatory and punitive damages.
The company, in its answer, said it was not grossly negligent
or reckless and cannot be held responsible or liable for punitive
damages.
