MARLERBLOG: Veggie Booty, you must be kidding? - (Marler Blog)

September 4, 2007 – 10:34 pm

Several weeks ago we filed a Complaint on behalf of little Sydney and Cole Scheels who became ill with culture-positive Salmonella and were tied specifically to the Veggie Booty Salmonella outbreak. A few days ago we received the defendant Robert’s American Gourmet Food Inc.’s response (it’s Answer) to poisoning my clients (and presumably all the other customers sickened). It’s Answer was in fact a blanket denial of everything (much different than the public apologies). Most interesting were the “Affirmative Defenses.” Some of the more amusing are here:
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
If, in fact, plaintiffs sustained injuries or damages as alleged in the Verified Complaint, which damages and injuries are hereby expressly denied, said injuries and damages occurred as a result of the plaintiffs’ own culpable conduct.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
If, in fact, plaintiffs sustained damages as alleged in the Verified Complaint, such damages were caused, in […]


MORE:
http://www.extension.iastate.edu/foodsafety/news/fsnews.cfm?newsid=20988


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