Beruflich Dokumente
Kultur Dokumente
POLK COUNTY
Kati L. Huffman,
LAW NO. LACV____________
Plaintiff,
PETITION AT LAW AND JURY DEMAND
vs.
Defendant.
Plaintiff Kati L. Huffman (hereinafter “Kati Huffman”), for her claims for relief against
PARTIES
1. Plaintiff Kati Huffman is a 31-year old mother of four and cancer survivor who lives
in West Des Moines, Iowa, and brings this claim for a Salmonella infection she contracted by
eating contaminated chicken salad sold by Defendant Fareway Stores, Inc., in February of 2018.
in Iowa with its principal place of business in Boone Iowa, operating grocery stores throughout
the state of Iowa. Fareway also does business under the fictitious name “Fareway Food Stores.”
3. At all relevant times, Fareway owned and/or operated a Fareway store in Polk
4. Defendant sold contaminated chicken salad at its store located in Polk County.
Accordingly, under Iowa Code § 616.18, venue is properly placed in this Iowa District Court in
5. Pursuant to Iowa Code § 619.81, Plaintiff certifies that the prayer for relief in this
matter exceeds the applicable jurisdictional requirements regarding the amount in controversy.
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PARTICULARS
Salmonella
6. Salmonella is a bacterium that occurs in humans and other animals and is shed in
their feces.
pain. Headache, myalgia, and low-grade fever may also accompany salmonellosis.
is ingested. Symptoms usually last for several days, but severe cases can last much longer and
9. Long-term health issues in individuals who suffer from salmonellosis are well
documented, and include reactive arthritis (Reiter’s syndrome), inflammatory bowel syndrome,
10. Defendant Fareway is a Midwest grocery company that operates 118 stores across
the region.
11. According to its website, Fareway considers providing “the highest quality, freshest
12. On February 9, 2018, the Iowa Department of Public Health notified the federal
Food Safety Inspection Service (“FSIS”) of an investigation of Salmonella related illnesses within
13. Five days later, FSIS issued a public health alert relating to Fareway’s chicken
salad product, which had been shipped to Fareway stores in Iowa, Illinois, Minnesota, Nebraska,
14. The chicken salad had been sold in plastic deli containers with a Fareway store
deli label, and had been prepared between December 15, 2017, and February 13, 2018.
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15. At this time, the total number of sickened individuals remains unknown.
16. Kati Huffman purchased chicken salad from Fareway store number 153 in West
17. Plaintiff returned home and appropriately stored her chicken salad product,
18. The next day, February 12, 2018, Plaintiff began experiencing severe stomach
19. Over the next few days, the diarrhea and cramping worsened, prompting Plaintiff,
who is normally an extraordinarily tough woman, to see medical treatment from Methodist Hospital
20. At the hospital, Plaintiff was given intravenous fluids and anti-nausea medication
21. The next day, February 15, 2018, so weak she thought she was unable to drive to
Methodist’s downtown location, Plaintiff sought care from Methodist’s location in West Des
Moines. A stool sample taken that morning revealed Plaintiff was sickened with Salmonella.
23. Plaintiff was unable to work for her children for several days as a result of her
illness.
DAMAGES
24. As a result of her Salmonella infection, Plaintiff has suffered significant injuries and
25. Plaintiff has not yet fully recovered from her Salmonella infection and is expected
26. As a result of the negligent acts of the Defendant which proximately and directly
caused the Plaintiff’s illness, Plaintiff sustained injuries and damages and has in the past and will
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in the future incur expenses for medical treatment, hospitalization, physical therapy, medications,
and other care related to her injuries and their consequences; as a result, she has in the past and
will in the future suffer great physical and mental pain and suffering, emotional distress and loss
of enjoyment of life; as a result, she has in the past and will in the future incur a loss of earnings
and of earning capacity; as a result, Plaintiff has been damaged and injured in an amount to be
determined at trial, but well in excess of the jurisdictional minimum of this Court.
CLAIMS
COUNT ONE
27. Plaintiff realleges and incorporates herein by reference the allegations contained
in the preceding Paragraphs of this Complaint as if set forth herein in their entirety.
28. Fareway owed a duty of care to Plaintiff and other customers to prepare and serve
29. Fareway owed a duty to Plaintiff Kati Huffman requiring Fareway to conform to a
reasonable standard of conduct for the safe storage, handling, preparation, distribution and sale
30. Fareway breached the duty of care owed to Plaintiff Kati Huffman. Fareway’s
breach led to an unreasonable and foreseeable risk of foodborne illness to individuals including
31. Fareway had a duty to properly supervise, train, and monitor its employees, and
to ensure its employees’ compliance with all applicable statutes, laws, regulations, or safety codes
pertaining to the manufacture, distribution, storage, preparation and sale of similar food products,
but Fareway failed to do so. Failure to conform to this duty is negligence and led to an
unreasonable and foreseeable risk of foodborne illness to individuals including the Plaintiff Kati
Huffman.
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32. Fareway also had a duty to use ingredients, supplies, and other constituent
materials that were reasonably safe, wholesome, free of defects, and that otherwise complied
with applicable federal, state, and local laws, ordinances, and regulations, and that were clean,
free from adulteration, and safe for human consumption, but Fareway failed to do so. Fareway
breached this duty, which is negligence that led to an unreasonable and foreseeable risk of
33. Fareway’s breach was the proximate cause of injury or damage to Plaintiff Kati
Huffman.
34. The Plaintiff Kati Huffman was a person intended to be protected by safe food
handling procedures and practices. As a direct and proximate result of Fareway’s acts and
omissions of negligence, the Plaintiff Kati Huffman ate food contaminated with Salmonella.
35. As a direct and proximate result of the negligence of Defendant, Plaintiff sustained
COUNT TWO
36. Plaintiff realleges and incorporates herein by reference the allegations contained
in the preceding Paragraphs of this Complaint as if set forth herein in their entirety.
37. At all times relevant hereto, Fareway was a manufacturer, distributor and/or seller
40. The adulterated food product that Fareway manufactured, distributed, and/or sold
was, at the time it left Fareway’s control, defective and unreasonably dangerous for its ordinary
41. The defective product reached Plaintiff Kati Huffman without substantial change in
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42. The defect is the proximate cause of the Plaintiff Kati Huffman’s injury.
43. Fareway is strictly liable for damages caused by the Plaintiff eating adulterated
Fareway, Plaintiff sustained injuries and damages as described in the preceding paragraphs.
1. That the court award Plaintiff judgment against Defendant Fareway in such a sum
as shall be determined to fully and fairly compensate Plaintiff for all general, special, incidental
and consequential damages incurred, or to be incurred, by Plaintiff as the direct and proximate
result of the acts and omissions of Defendant, together with interest thereon, as provided by law;
2. That the court award Plaintiff her costs and disbursements incurred herein; and
3. That the Court award such other and further equitable relief as it deems necessary
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JURY DEMAND
-and-