Products Liability Law Reporter

Scott Niemeier purchased Planters NUT-rition Energy Health Mixed Nuts from a Wal-Mart store and allegedly ate them in his hotel room. After consuming the nuts, Niemeier began choking and suffered a scratched throat due to a round, hard piece of plastic that was in the bag of nuts. He went to a hospital, where he was allegedly treated for a bleeding cut in his throat.

Niemeier sued Wal-Mart Stores East, LP, and Kraft Heinz Foods Co., alleging failure to adequately inspect the product. Suit also claimed negligent offering of food that was not fit for consumption.

The parties settled for an undisclosed amount.

Citation: Niemeier v. Wal-Mart Stores E., LP, No. 2021-CA-001762-AX (Fla. Cir. Ct. Manatee Cty. June 2, 2021).

Plaintiff counsel: Jonathan Rotstein, Daytona Beach, Fla.