Jensen Farms Alleged To Have Distributed Cantaloupes Infected With Listeria
A Colorado couple has filed a rather unique suit against Jensen Farms Inc., which is voluntarily recalling its shipments of Rocky Ford whole cantaloupes; apparently the melons are possibly contaminated with Listeria.
Charles and Tammy Palmer are the plaintiffs in this suit after the two purchased a cantaloupe at the Wal-Mart store in Colorado Springs in August. Over the next several days, Charles Palmer ate the cantaloupe and became sick.
By the end of August Mr. Palmer had become unresponsive and was taken by ambulance to a hospital where he tested positive for listeria monocytogenes. Mr. Palmer has filed the suit and alleged strict liability; his attorney saying "The defendants owed a duty to the plaintiffs to manufacture and sell a food product that conformed to its express and implied warranties, including, but not limited to, the implied warranty of merchantability and the implied warranty of fitness for a particular use or purpose.”
