Melted ice cream caused $490K in losses, says Prairie Farms in suit against Gateway Cold Storage

Kelly Holleran Jun. 27, 2012, 7:00am


An ice cream company has filed suit against the business that it claims stored its product at too warm of a temperature, allowing the ice cream to melt before its delivery to customers.

Prairie Farm Dairy claims it stored its ice cream with defendant Arthur Well Group and Freezer Refrigerated Storage doing business as Gateway Cold Storage with the expectation that the storage facility could store the product at a minimum of -15 degrees Fahrenheit.

However, Prairie Farm Dairy began receiving complaints from customers that they were purchasing containers of ice cream that were half-melted, according to the complaint filed June 4 in St. Clair County Circuit Court. Prairie Farm Dairy began investigating complaints, the suit states.

In 2011, it contacted the defendants, where it was given access to reading logs that revealed the temperature inside the storage facilities to run between 0 degrees Fahrenheit and -7 degrees Fahrenheit, the complaint says.

"As a result of defendants' failure to keep room four at a temperature of negative fifteen degrees Fahrenheit or below, Prairie Farm's ice cream products melted, in whole or in part, which resulted in damage to Prairie Farm in excess of $490,000," the suit states.

In its complaint, Prairie Farm Dairy alleges breach of contract and negligence against the defendants.

In addition to the money it says it lost, Prairie Farm Dairy is seeking costs, interest and other relief the court deems just.

It will be represented by Christopher W. Byron and Christopher J. Petri of Byron, Carlson, Petri and Kalb in Edwardsville

St. Clair County Circuit Court case number: 12-L-296.

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