Wal-Mart named in coffee creamer lawsuit

Ann Knef Oct. 16, 2007, 11:00am

Unreasonably dangerous coffee creamer is the subject of a six-count products liability claim filed against Wal-Mart Stores Inc. in Madison County Circuit Court Oct. 15.

Michael Fry of Moro and Stephen Herndon of Defiance, Mo. claim that "Great Value" non-dairy coffee creamer they ingested on numerous occasions between Dec. 1, 2006, and Jan. 5 was allegedly "impure, contaminated and contained impure matter."

Bay Valley Foods LLC, a distributor located in Alton, also is named as a defendant.

According to the complaint, Fry and Herndon suffered food poisoning, nervous system injury, emotional distress and internal system damage.

They also claim medical expenses and disability.

Represented by Thomas C. Rich and Jennifer L. Barbieri of Fairview Heights, the plaintiffs claim the defendants failed to provide adequate warning to consumers.

They also allege breach of implied warranty.

"The defendant knew that the plaintiff was relying on the defendant's skill to select goods suitable for the particular purpose, namely for ingestion as food fit for human consumption," the complaint states.

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