PRINCETON — Adoptive parents are suing food merchants, citing alleged breach of implied warranties.
Tammy L. Belcher and Ronald Belcher, the adoptive mother and the guardian of Jason Belcher, a minor, filed a complaint in Mercer Circuit Court against VDM Management Company Inc. and Little Caesar Enterprises Inc. alleging that they breached their duty to provide food that was safe for consumption.
According to the complaint, the plaintiffs allege that on Sept. 28, 2018, Belcher purchased a traditional pizza from the defendants' Little Caesars in Princeton. As a result of eating the pizza, the plaintiffs fell ill, and they discovered that the pizza crust had mold on it. They immediately went to Princeton Community General Hospital for treatment. They were caused to suffer actual damages, including but not limited to medical expenses, annoyance and both physical and emotional injury.
The plaintiffs hold VDM Management Company Inc. and Little Caesar Enterprises Inc. responsible because they allegedly failed to ensure that their employees were adequately trained in preparing food products and failed to adequately clean and maintain their facility where and equipment with which foods were stored, prepared and sold.
The plaintiffs request a trial by jury and seek general and statutory damages, attorney's fees, costs and all other relief that is just and equitable. They are represented by Lawrence E. Morhous of Brewster, Morhous, Cameron, Caruth, Moore, Kersey & Stafford PLLC in Bluefield.
Mercer Circuit Court Case number 19-C-8