Family sues Wal-mart claiming glass fragments in vegetables

By Kyla Asbury | Nov 13, 2012

CHARLESTON -- A man and his family are suing Wal-mart Stores East, LP, after he ate mixed vegetables bought at one of its stores that he says contained glass fragments that caused him injuries.

Wal-mart Stores East, LP d/b/a Great Value Foods and the Pictsweet Company were also named as defendants in the suit.

On Oct. 13, 2010, Joshua Shaffer ate a meal that included Great Value mixed vegetables and the following day, he began to pass blood, according to a complaint filed Oct. 12 in Kanawha Circuit Court.

Shaffer claims he presented to Thomas Memorial Hospital with complaints of blood in his stool and two days later, he underwent a colonoscopy, in which a 6mm tear was found in his intestinal wall.

On Oct. 15, 2010, the Food and Drug Administration issued a recall for mixed frozen vegetables that contained glass fragments, according to the suit, and the recall to the FDA was issued by the Pictsweet Company.

Shaffer claims the defendants negligently manufactured, processed, bagged and packaged their product in a manner that allowed glass fragments to be present in foods which were intended for human consumption.

The defendants placed the dangerous product in commerce to the extent that the dangerous product ended up for sale to the public in the Wal-mart Supercenter in Cross Lanes, according to the suit.

Shaffer claims as a result of the defendants’ negligence, he received serious injuries, incurred medical expenses and suffered great pain of body and mind.

The defendants’ alleged negligence caused Shaffer to suffer a loss of enjoyment of life and incur lost wages, according to the suit.

Shaffer; Beth Shaffer, his wife; and Kaden Shaffer, Kaleb Shaffer and Kain Shaffer, his children, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Shannon M. Bland.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 12-C-2072

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