Nestle moves to dismiss Lean Cuisine personal injury suit

Amelia Flood Oct. 5, 2010, 8:11am


A status conference is set for December in a suit filed by a woman who claims to have been injured by a bone that wasn't supposed to be in her Lean Cuisine microwave dinner.

Meanwhile, the defendant in the case, Nestle, has moved to throw out the case, or in the alternative, to clarify the plaintiff's claims.

Mascoutah resident Amanda Scott is seeking more than $150,000 and other relief.

In her suit, Scott claims that her Lean Cuisine Hunan Stir Fry with Beef that she began eating in October 2008 contained a bone fragment.

Scott claims to have damaged her tooth on the piece of bone and to have incurred pain and lost wages as a result.

The suit claims that Nestle, the maker of the Lean Cuisine dinner, failed to properly design the dinner, did not inspect it and failed to warn customers that bone fragments could be present in the dish.

In its July 2 motion to dismiss the case, Nestle claims that the suit does not plead clear facts and that it is unclear what negligence claims the plaintiff plans to pursue in her suit.

"Plaintiff has not attempted to assert a single fact to support her contention that Nestle was negligent," the motion reads.

In case the suit is not thrown out, the company asks the court to order the plaintiff to make clearer statements and claims.

The Sept. 2 order setting the case status conference indicates it will be held Dec. 20 at 9 a.m.

St. Clair County Circuit Lloyd Cueto presides.

Nathan Lanter represents Scott.

John McCollough and Melissa Null of St. Louis represent Nestle.

The case is St. Clair case number 10-L-267.

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