Products Liability Law Reporter

Keziah Jordan, 39, went to Murphy’s Deli and bought a sausage and cheese kolache. After eating the kolache, and while in a doctor’s waiting room, she began to feel sick. She stood up to go to the bathroom but fainted, hitting her head against a granite counter. She suffered a fractured lower jaw bone, several broken teeth, a lacerated lip, and knee contusions. Jordan required several dental surgeries and continues to suffer pain from her injuries.

Jordan sued the owner of Murphy’s Deli, alleging breach of warranty. The plaintiff asserted that she contracted viral gastroenteritis from the kolache, which she claimed was contaminated with toxins. Suit did not claim medical expenses or lost income.

The jury awarded more than $469,400, including interest.

Citation: Jordan v. BMLA Inc., No. 201517893 (Tex. Dist. Ct. Harris Cnty. Apr. 30, 2019).

Plaintiff counsel: Kiernan McAlpine and Matthew Menter, both of Houston.

Comment: In AdvancePierre Foods, Inc. v. Mountaire Farms Inc., 920 F.3d 111 (1st Cir. 2019), Starr Surplus Lines, which insured chicken products manufacturer AdvancePierre Foods, sued chicken supplier Mountaire Farms, seeking to recover $10 million the insurer paid AdvancePierre for losses related to a 2015 salmonella outbreak and recall. The plaintiff alleged state law causes of action for breach of warranty and strict products liability. The trial court granted Mountaire’s motion to dismiss, finding that the chicken was not defective under Maine law. Affirming, the First Circuit Court of Appeals found that the insurer failed to allege that the raw chicken Mountaire sold to AdvancePierre was contaminated with a type of salmonella that was resistant to proper cooking methods.