Plaintiffs continue lawsuit against Sheetz, Coronet
Plaintiffs continue lawsuit against Sheetz, Coronet
WASHINGTON Plaintiffs who say they became sick from eating tomatoes served at Sheetz convenience stores can sue Sheetz and the bankrupt Coronet Foods Inc., ruled a federal bankruptcy judge.
Seattle attorney William Marler, who represents about 100 people who claim they were sickened by tomatoes contaminated with salmonella, said he had been trying for months to mediate the claims, but got frustrated. He asked the West Virginia bankruptcy judge to act, and the judge opted to release the claims from bankruptcy court, thus allowing Mr. Marler's clients to form a class-action suit.
This is not what the Seattle attorney wanted, however. He said that he would rather mediate to get his clients compensated for medical costs, lost wages and pain and suffering.
Negotiations with Sheetz, Coronet and the insurance companies are underway once again to move the claims into mediation. Mr. Marler charged that Coronets attorneys were reluctant to use mediation because they "wanted to make sure the other suppliers were involved."
We think its a positive development, said Mike Cortez, general counsel for Sheetz. The bankruptcy judges order did not preclude mediation, which is a quicker way to resolve the claims and help the Sheetz customers who got sick, said Mr. Cortez.
The lawsuits stem from the summer of 2004, when more than 400 people in Pennsylvania and four other states suffered salmonella poisoning that was traced to contaminated Roma tomatoes in sandwiches sold at Sheetz convenience stores. The tomatoes were believed to have been grown in Florida and distributed by Coronet Foods. Coronets Wheeling, WV, plant, which supplied bagged salads, vegetables and fruits to about 20 states, was subsequently closed and the company later filed for bankruptcy protection.
Another companys tomatoes were in the news earlier this month. California Specialty Produce Inc. of Vista, CA, said that it was recalling red pear tomatoes because they may be contaminated with salmonella. Red pear tomatoes, which are small pear-shaped tomatoes about a half-inch long, were shipped to wholesalers that supply restaurants in New York, California and Colorado, said the company.
No illnesses have been reported to date. The recall resulted from a routine sampling program by the FDA, which revealed that the products contained the bacteria.
Seattle attorney William Marler, who represents about 100 people who claim they were sickened by tomatoes contaminated with salmonella, said he had been trying for months to mediate the claims, but got frustrated. He asked the West Virginia bankruptcy judge to act, and the judge opted to release the claims from bankruptcy court, thus allowing Mr. Marler's clients to form a class-action suit.
This is not what the Seattle attorney wanted, however. He said that he would rather mediate to get his clients compensated for medical costs, lost wages and pain and suffering.
Negotiations with Sheetz, Coronet and the insurance companies are underway once again to move the claims into mediation. Mr. Marler charged that Coronets attorneys were reluctant to use mediation because they "wanted to make sure the other suppliers were involved."
We think its a positive development, said Mike Cortez, general counsel for Sheetz. The bankruptcy judges order did not preclude mediation, which is a quicker way to resolve the claims and help the Sheetz customers who got sick, said Mr. Cortez.
The lawsuits stem from the summer of 2004, when more than 400 people in Pennsylvania and four other states suffered salmonella poisoning that was traced to contaminated Roma tomatoes in sandwiches sold at Sheetz convenience stores. The tomatoes were believed to have been grown in Florida and distributed by Coronet Foods. Coronets Wheeling, WV, plant, which supplied bagged salads, vegetables and fruits to about 20 states, was subsequently closed and the company later filed for bankruptcy protection.
Another companys tomatoes were in the news earlier this month. California Specialty Produce Inc. of Vista, CA, said that it was recalling red pear tomatoes because they may be contaminated with salmonella. Red pear tomatoes, which are small pear-shaped tomatoes about a half-inch long, were shipped to wholesalers that supply restaurants in New York, California and Colorado, said the company.
No illnesses have been reported to date. The recall resulted from a routine sampling program by the FDA, which revealed that the products contained the bacteria.
