CHARLESTON – A Charleston woman has filed a lawsuit against Walmart and Starbucks claiming she became ill after drinking an outdated Frappuccino.
Rita C. Brock filed her lawsuit against Wal-Mart Stores Inc., Starbucks Corporation, North American Coffee Partnership (Starbucks Corp.) and PepsiCo Inc. in Kanawha Circuit Court. Starbucks has a joint venture with Pepsi to distribute ready-to-drink coffees like the ones sold at Walmart and other retailers.
Brock says she consumed her Starbucks Frappuccino on Oct. 6, 2015. She had purchased the drink at a Walmart in Charleston. After drinking it, she says she became ill.
She says the defendant companies have “the duty and responsibility of maintaining the contents of the products” on it shelves and in stores that carry their products “and to remove outdated products.”
Brock claims that the companies’ negligence and carelessness caused her to drink an outdated bottle of Frappuccino that caused her to become ill and have to seek medical treatment.
She says she suffered physical pain and distress and also will have future pain, suffering, mental anguish and emotional distress. She says she was incapacitated and had to receive medical and doctor care. She also says she lost and will lose future enjoyment of life.
Brock seeks compensatory damages, court costs, pre- and post-judgment interest, attorney fees and other relief.
Brock is being represented by Charleston attorney John R. Mitchell Jr. The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 17-C-1375