Customer claims nuts in cookie caused injury

Ann Knef Oct. 10, 2006, 6:49am

Nuts in a cookie is the subject of a $250,000 personal injury lawsuit filed Oct. 4 in St. Clair County Circuit Court.

Plaintiff Jon Angleton claims he sustained severe and permanently disabling injuries due to diverticulitis after being served a cookie that contained nuts at Mrs. Fields Original Cookies at the St. Clair Square mall on Dec. 11, 2004.

"That the plaintiff has sustained great pain and mental anguish, that he has lost and in the future will contain to lose large sums of money by his inability to work, that he has expended or will become liable to expend and in the future will continue to expend large sums of money in procuring the necessary hospital and medical treatment," the complaint states.

Angleton is represented by Michael N. Cook of Cook, Ysursa, Bartholomew, Brauer & Shevlin in Belleville.

Defendants also include Mozark Cookies LLC, Great American Cookies and Tom V. Jones.

Angleton claims he was informed that the cookie he was purchasing did not contain nuts or seeds.

According to the suit, the defendants are negligent for:

  • Serving cookies which contained nuts when it knew or should have known such created a serious risk to persons;

  • Failing to warn the plaintiff that the cookie contained nuts;

  • Providing the plaintiff with false information regarding product ingredients; and

  • Failing to provide signs or any visible means of informing patrons that its products contained nuts.

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