Foodfair denies blame in defective M&M lawsuit

By Kyla Asbury | Feb 29, 2016

WAYNE – Foodfair Inc. filed an answer to the plaintiff’s complaint in a lawsuit against it and Mars Chocolate North America LLC alleging an object was in a bag of peanut M&Ms that caused the plaintiff to break a tooth.

In its answer, Foodfair stated that there has been no proof whatsoever that it sold the alleged defective product in the case and/or caused the object at issue to be in Sue Osborne’s food, however, if the M&Ms at issue were sold by Foodfair, it was merchantable and fit for the intended use and sale based on representations made by the manufacturer, according to the answer filed in Wayne Circuit Court.

“All damages of which plaintiff complains were caused by some person, persons or entity other than this defendant, or were the result of superseding and intervening acts that were not caused by any actions or omissions on the part of this defendant,” the answer states.

All damages were also the result of pre-existing conditions or were the result of superseding and intervening acts that were not caused by Foodfair, according to the answer.

A time frame order was also filed on Dec. 16, stating that medication shall be completed by July 15 and that discovery will be completed by June 16.

A pretrial and settlement conference is scheduled for Dec. 19, 2016, and trial is scheduled for Jan. 9, 2017.

On June 15, Sue Osborne bit into a peanut M&M and it contained an object not fit for human consumption, which resulted in her breaking a tooth, according to a complaint filed in Wayne Circuit Court.

Osborne claims she had purchased the bag of peanut M&M’s on June 13 at Foodfair in Lavalette.

As a result of the broken tooth, Osborne had to undergo an extraction, the capping of two surrounding teeth so as to support a bridge and the installation of both a temporary and permanent bridge, according to the suit.

Osborne claims Mars manufactured, designed and distributed the peanut M&M’s into the market place and owed a duty to manufacture and distribute the peanut M&M’s free from defects and reasonably safe for the intended use.

Foodfair owed a duty to Osborne to sell the peanut M&M’s free from defects and reasonable safe for the intended use, according to the suit.

Osborne claims the defendants negligently, willfully, wantonly, recklessly and maliciously breached each respective duty by putting into market and selling to her a peanut M&M that was not reasonably safe for its intended use.

As a direct and proximate result of the defendants’ breach, Osborne incurred dental bills; pain and suffering; annoyance and inconvenience; permanent disfigurement; and loss of enjoyment of life, according to the suit.

Osborne is seeking compensatory and punitive damages. She is being represented by Jason Goad of McClure Goad PLLC.

Foodfair is represented by Benjamin Hughes of Pullin, Fowler, Flanagan, Brown & Poe PLLC.

The case is assigned to Circuit Judge James H. Young Jr.

Wayne Circuit Court case number: 15-C-200

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Organizations in this Story

Pullin Fowler Flanagan Brown & Poe PLLC Pullin, Fowler, Flanagan, Brown & Poe, PLLC

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