WHEELING - Customers filed two separate lawsuits against Sheetz, Inc., for selling tomatoes containing salmonella bacteria.
Kenneth and Charlene Winters filed their suit April 19 and Larry and Tamela Clendennin filed theirs April 20 in Ohio County Circuit Court.
Both are represented by Michael L. Solomon of Morgantown law firm Solomon and Solomon.
"As a direct and proximate result of Plaintiff, Kenneth Gerald Winters, consuming the aforesaid sandwich which contained salmonella, the Plaintiff… became extremely ill and suffered extreme physical pain, emotional distress and mental anguish and was required to expend sums of money for the care and treatment of his illness," the Winters' complaint says.
Coronet Foods, Inc., the tomato supplier, is also listed as a defendant.
Both Larry Clendennin and Kenneth Winters say they ate the sandwiches that contained the tomatoes in question in July 2004.
Both men's wives are suing for loss of care, comfort, companionship and consortium.
"The sandwich purchased and consumed by Plaintiff…was not reasonably safe for its intended use, thereby making Defendants strictly liable for Plaintiff's injuries and damages," both complaints say.
Both plaintiffs are seeking compensatory damages.
Ohio Circuit Court case numbers 06-C-135M and 06-C-136G
- Former employee alleges Renal Ventures Management violated her rights after termination
- Big Lots delayed distribution of final paycheck, suit alleges
- Triad Engineering sues for payment for services rendered last year
- Babcock Lumber claims Fertig Cabinet owes sum for goods
- Wrongful death charge brought against Eldercare of Jackson County, administrator
- Fayette County man claims fellow employee assaulted him
- Belmont Co. woman accuses Russell Nesbitt Services of gender discrimination
- Marshall landowners accuse utility companies in lease dispute
- AG's office reaches $13 million settlement with CashCall
- Counsel: Now it's work for conservation group that bought mines