PB & J sandwich made woman sick, says suit against Conagra

Kelly Holleran Oct. 21, 2008, 5:00am

Theresa A. Johnston has filed suit against Conagra Foods, claiming she got sick after eating a peanut butter and jelly sandwich.

Johnston bought Peter Pan peanut butter from Wal-Mart in Jerseyville and used it to make a peanut butter and jelly sandwich on Oct. 16, 2006, according to a complaint filed Oct. 15 in Madison County Circuit Court.

Johnston claims she became ill and remained sick for a long time after eating the sandwich.

As a result of her illness, she lost wages, experienced pain and suffering, spent substantial medical costs and suffered disability and disfigurement, the suit states.

She claims Conagra promised that all its foods were good, healthful, sound and wholesome, free from defects and fit for human consumption.

But the company breached its warranty by providing the peanut butter that was contaminated, defective, spoiled and unfit for human consumption, according to the complaint.

Johnston is seeking a judgment not in excess of $50,000, plus costs and other relief.

Lon D. Weaver of Bethalto will be representing her.

Madison County Circuit Court case number: 08-L-967.

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