Products Liability Law Reporter

Angela Jones went to a Panera Bread and approached the pastry counter, where nut-containing pastries were mislabeled. She advised the pastry clerk that her teenage son had a tree nut allergy and asked that the nut-containing pastries she was purchasing be separated from the rest of her order. Although the clerk told Jones that the pastries he was placing in a bag contained no tree nuts, he actually placed pecan twists in the bag that was supposed to be nut free. When Jones’s son began to eat one of the pastries some time later, he bit into a nut and suffered an allergic reaction. He required treatment at a hospital.

Jones, on her son’s behalf, sued Delta Dough, Inc., alleging negligence. The plaintiff asserted that the Panera bakery had failed to label its food products identifying allergens, properly train and supervise employees on its products’ ingredients, and warn consumers of the presence of allergens.

The jury awarded more than $27,500, apportioning liability at 70% to Jones, 20% to the defendant, and 10% to Jones’s son.

Citation: Gartman v. Delta Dough, Inc., No. 3:18-CV-00626-DPJ-JCG (S.D. Miss. Mar. 4, 2020).

Plaintiff counsel: AAJ member Craig R. Sessums, Jackson, Miss.