Sheetz sued over tomatoes

By John O'Brien | Apr 28, 2006

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

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