Gleeson sets status conference in suit against Schnucks

A status conference is set for Dec. 9 in a Fairview Heights woman’s lawsuit against Schnucks for alleged food poisoning from a salad.

St. Clair County Circuit Judge Andrew Gleeson set the status conference on July 1.

Schnucks claims it is not to blame for the alleged food poisoning suffered by a Fairview Heights woman and her daughter.

In response to the lawsuit, the store says the plaintiffs suffered an illness that was the result of a “natural health process,” not from a salad purchased at its Fairview Heights store.

“Plaintiffs’ illnesses, if any, were the result of natural health processes and would have occurred just as they did irrespective of Schnucks’ actions or conduct,” the response states.

Tiffany Sinovic and Thomas Sinovic filed suit on March 4 against the store and its employees, Gregory Wilhelm, Patti Smith, Dan Schad, Pete Korobey, Cindy Grohmann and Tina Malacarne.

Tiffany Sinovic claims she bought a salad Oct. 19, 2011.

On Oct. 20, 2011, Tiffany and Addison Sinovic experienced abdominal discomfort, diarrhea and vomiting and then became hospitalized on Oct. 23, 2011 for a number of days, the suit states. Both were later diagnosed with shiga toxin and E. Coli, the complaint says.

Schnucks responded to the lawsuit May 6.

“Plaintiffs’ alleged injuries and damages were due to, and proximately caused by, in whole or in part, an intervening or superseding injury, illness, condition or other cause,” the response stated.

The Sinovics denied Schnucks’ allegations in their May 10 response to Schnuck’s response to the lawsuit.

The Sinovics seek a judgment of more than $50,000.

Thomas R. Ysursa of Belleville represents the plaintiffs.

Gerard T. Noce, Michael Reda and Matthew Noce of HeplerBroom in St. Louis represent the defense.

St. Clair County Circuit Court case number: 13-L-123.